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Florida Statute 787.03 | Lawyer Caselaw & Research
F.S. 787.03 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 787
KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED OFFENSES
View Entire Chapter
F.S. 787.03
787.03 Interference with custody.
(1) Whoever, without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another to take or entice, any minor or any incompetent person from the custody of the minor’s or incompetent person’s parent, his or her guardian, a public agency having the lawful charge of the minor or incompetent person, or any other lawful custodian commits the offense of interference with custody and commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) In the absence of a court order determining rights to custody or visitation with any minor or with any incompetent person, any parent of the minor or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of the minor or incompetent person who has custody thereof and who takes, detains, conceals, or entices away that minor or incompetent person within or without the state with malicious intent to deprive another person of his or her right to custody of the minor or incompetent person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A subsequently obtained court order for custody or visitation does not affect application of this section.
(4) It is a defense that:
(a) The defendant had reasonable cause to believe that his or her action was necessary to preserve the minor or the incompetent person from danger to his or her welfare.
(b) The defendant was the victim of an act of domestic violence or had reasonable cause to believe that he or she was about to become the victim of an act of domestic violence as defined in s. 741.28, and the defendant had reasonable cause to believe that the action was necessary in order for the defendant to escape from, or protect himself or herself from, the domestic violence or to preserve the minor or incompetent person from exposure to the domestic violence.
(c) The minor or incompetent person was taken away at his or her own instigation without enticement and without purpose to commit a criminal offense with or against the minor or incompetent person, and the defendant establishes that it was reasonable to rely on the instigating acts of the minor or incompetent person.
(5) Proof that a person has not attained the age of 18 years creates the presumption that the defendant knew the minor’s age or acted in reckless disregard thereof.
(6)(a) The offenses prescribed in subsections (1) and (2) do not apply in cases in which a person having a legal right to custody of a minor or incompetent person is the victim of any act of domestic violence, has reasonable cause to believe he or she is about to become the victim of any act of domestic violence, as defined in s. 741.28, or believes that his or her action was necessary to preserve the minor or the incompetent person from danger to his or her welfare and seeks shelter from such acts or possible acts and takes with him or her the minor or incompetent person.
(b) In order to gain the exception conferred by paragraph (a), a person who takes a minor or incompetent person under this subsection must:
1. Within 10 days after taking the minor or incompetent person, make a report to the sheriff’s office or state attorney’s office for the county in which the minor or incompetent person resided at the time he or she was taken, which report must include the name of the person taking the minor or incompetent person, the current address and telephone number of the person and minor or incompetent person, and the reasons the minor or incompetent person was taken.
2. Within a reasonable time after taking a minor, commence a custody proceeding that is consistent with the federal Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A, or the Uniform Child Custody Jurisdiction and Enforcement Act, ss. 61.501-61.542.
3. Inform the sheriff’s office or state attorney’s office for the county in which the minor or incompetent person resided at the time he or she was taken of any change of address or telephone number of the person and the minor or incompetent person.
(c)1. The current address and telephone number of the person and the minor or incompetent person which are contained in the report made to a sheriff or state attorney under paragraph (b) are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2. A sheriff or state attorney may allow an agency, as defined in s. 119.011, to inspect and copy records made confidential and exempt under this paragraph in the furtherance of that agency’s duties and responsibilities.
History.s. 24, ch. 74-383; s. 14, ch. 75-298; s. 1, ch. 77-174; s. 1, ch. 88-244; s. 25, ch. 94-134; s. 25, ch. 94-135; s. 1201, ch. 97-102; s. 1, ch. 2000-231; s. 1, ch. 2000-357; s. 157, ch. 2004-5; s. 1, ch. 2005-89; s. 1, ch. 2006-114; s. 1, ch. 2006-115; s. 1, ch. 2011-99.

F.S. 787.03 on Google Scholar

F.S. 787.03 on Casetext

Amendments to 787.03


Arrestable Offenses / Crimes under Fla. Stat. 787.03
Level: Degree
Misdemeanor/Felony: First/Second/Third

S787.03 - FAMILY OFFENSE - RENUMBERED. SEE REC # 8882 - F: T
S787.03 - FAMILY OFFENSE - RENUMBERED. SEE REC # 8883 - F: T
S787.03 1 - FAMILY OFFENSE - INTERFERE W CUSTODY OF MINOR/INCOMP PERSON - F: T
S787.03 2 - FAMILY OFFENSE - DEPRIVE CUSTODY OF MINOR INCOMPETENT PERSON - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

LINDEMUTH, v. STATE, 247 So. 3d 635 (Fla. App. Ct. 2018)

. . . its jury instruction on the charge of interfering with the custody of a minor, pursuant to section 787.03 . . . Section 787.03(1) provides: Whoever, without lawful authority, knowingly or recklessly takes or entices . . . We agree with the State that section 787.03(1) applies to a situation such as the one before us, where . . . However, we find that section 787.03(1) is applicable to the case before us, where Lindemuth enticed . . . Therefore, 787.03(1) is not vague, and the trial court did not err in using the definition of entice . . .

STATE v. LINDEMUTH,, 193 So. 3d 55 (Fla. Dist. Ct. App. 2016)

. . . charged by information with one count of interference with the custody of a minor in violation of section 787.03 . . . established a prima facie case of interference with the custody of a minor in violation of section 787.03 . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 173 So. 3d 19 (Fla. 2015)

. . . Violation of this custody order may constitute a felony of the third degree under sections 787.03 and . . .

GRAHAM, v. STATE, 169 So. 3d 123 (Fla. Dist. Ct. App. 2015)

. . . conduct as kidnapping but without any of the four aggravating circumstances of intent or purpose); § 787.03 . . . Geralyn Graham's felonious conduct than the crimes defined in sections 787.02 (false imprisonment), 787.03 . . . Interference with custody (section 787.03) or removal from the state (section 787.04) are not necessarily . . .

EDGAR, v. FIRUTA,, 100 So. 3d 255 (Fla. Dist. Ct. App. 2012)

. . . Contempt and Section 787.03, Florida Statutes As noted, the Mother knowingly violated the Florida court . . . The Mother has not yet been convicted of a violation of section 787.03, Florida Statutes (2011), “Interference . . .

FRIAS, v. L. DEMINGS, 823 F. Supp. 2d 1279 (M.D. Fla. 2011)

. . . . § 787.03. However, for the sake of brevity, the Court will refer to the incident as a "taking.” . . . .

BROWN, GOVERNOR OF CALIFORNIA, v. ENTERTAINMENT MERCHANTS ASSOCIATION, 564 U.S. 786 (U.S. 2011)

. . . . §787.03 (2010). . . .

EDMUND G. BROWN, Jr. GOVERNOR OF CALIFORNIA, v. ENTERTAINMENT MERCHANTS ASSOCIATION, 180 L. Ed. 2d 708 (U.S. 2011)

. . . . § 787.03 (2010). . . .

MOSELEY, v. STATE, 7 So. 3d 550 (Fla. Dist. Ct. App. 2009)

. . . amended its information, adding a charge of interfering with child custody in violation of section 787.03 . . . In pertinent part, section 787.03(1) makes it unlawful for any person to take a child from the custody . . . Section 787.03(2), in relevant part, makes it unlawful for any parent or lawful custodian of a child, . . . In essence, Moseley was charged with violating section 787.03(2), but was convicted of violating section . . . 787.03(1). . . .

DIEZ, v. STATE, 970 So. 2d 931 (Fla. Dist. Ct. App. 2008)

. . . and restraint, cannot be viewed as naturally accompanying the interference with custody under section 787.03 . . .

RODAS, v. STATE, 967 So. 2d 444 (Fla. Dist. Ct. App. 2007)

. . . Rodas was charged with interfering with the custody of a parent or guardian, in violation of section 787.03 . . .

GISI, v. STATE, 909 So. 2d 531 (Fla. Dist. Ct. App. 2005)

. . . Gisi was also convicted of interference with custody, § 787.03, Fla. . . .

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- SEXUAL VIOLENCE FORMS, 871 So. 2d 113 (Fla. 2004)

. . . Violation of this custody order may constitute a felony of the third degree under sections 787.03 and . . .

GISI, v. STATE, 848 So. 2d 1278 (Fla. Dist. Ct. App. 2003)

. . . 800.04(1), Florida Statutes (1997), one count of interference with custody in violation of section 787.03 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE AND FAMILY LAW FORMS, 810 So. 2d 1 (Fla. 2000)

. . . Violation of this custody order may constitute a felony of the third degree under sections 787.03 and . . . Violation of this custody order may constitute a felony of the third degree under sections 787.03 and . . .

LOWERY, v. STATE, 754 So. 2d 888 (Fla. Dist. Ct. App. 2000)

. . . . § 787.03(1), Fla. Stat. (1999). . . .

AYYASH, v. FARMER, f k a, 750 So. 2d 691 (Fla. Dist. Ct. App. 1999)

. . . kidnapping, the mother also violated at least two state laws: interference with child custody, section 787.03 . . .

L. STONE, v. WALL,, 734 So. 2d 1038 (Fla. 1999)

. . . . § 787.03, Fla. Stat. (1997). . . .

A. LEDING, III, v. STATE, 725 So. 2d 1221 (Fla. Dist. Ct. App. 1999)

. . . that the trial court erred in admitting into evidence statements made by the children and that section 787.03 . . . Appellant was charged with violating section 787.03(1), Florida Statutes (1995) which provides: Whoever . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 717 So. 2d 914 (Fla. 1998)

. . . Violation of this custody order may constitute a felony of the third degree under sections 787.03 and . . .

LADD, v. STATE, 714 So. 2d 533 (Fla. Dist. Ct. App. 1998)

. . . . § 787.03(1), Fla. Stat. (1995). . . .

KHAN, v. STATE, 704 So. 2d 1129 (Fla. Dist. Ct. App. 1998)

. . . from his convictions and sentences for interfering with custody of a child in violation of section 787.03 . . . sentence for the violation of section 787.04(1) and the entire sentence for the violation of section 787.03 . . . Appellant argues that he could not be convicted and sentenced for violations of section 787.03(1) and . . . As noted above, section 787.03(1) punishes one who unlawfully takes a minor child from the custody of . . . Section 787.03(1), Florida Statutes (Supp. 1994), provides in relevant part: "Whoever, without lawful . . .

CHRYSLER INTERNATIONAL CORPORATION, v. CHEROKEE EXPORT COMPANY,, 134 F.3d 738 (6th Cir. 1998)

. . . GRANT OF ATTORNEY’S FEES The district court awarded attorney’s fees to Chrysler in the amount of $276,-787.03 . . .

ARROYO, v. STATE, 705 So. 2d 54 (Fla. Dist. Ct. App. 1997)

. . . The jury convicted Catalina of interference with custody, in violation of section 787.03(1), which provides . . .

AYYASH, v. AYYASH,, 700 So. 2d 752 (Fla. Dist. Ct. App. 1997)

. . . He was found guilty of violating the criminal provisions of section 787.03, Florida Statutes, which prohibits . . .

ORTIZ, v. STATE, 696 So. 2d 916 (Fla. Dist. Ct. App. 1997)

. . . . § 787.03, Fla. Stat. . . .

E. MARTIN, v. STATE, 691 So. 2d 1204 (Fla. Dist. Ct. App. 1997)

. . . section 794.05, Florida Statutes (1995), and interfering with custody of a child contrary to section 787.03 . . .

STATE v. JONES,, 668 So. 2d 1073 (Fla. Dist. Ct. App. 1996)

. . . Jones was charged with interference with child custody under section 787.03, Florida Statutes (1993), . . .

In FAMILY LAW RULES OF PROCEDURE, 663 So. 2d 1049 (Fla. 1995)

. . . Violation of this custody order may constitute a misdemeanor of the first degree, section 787.03, or . . .

RICHARDSON, v. STATE, 657 So. 2d 1285 (Fla. Dist. Ct. App. 1995)

. . . state presented insufficient evidence to support appellant’s conviction for a violation of section 787.03 . . .

STATE v. EARL,, 649 So. 2d 297 (Fla. Dist. Ct. App. 1995)

. . . filed an information charging Earl with one count of Interference With Custody, in violation of section 787.03 . . . that court order existed determining Earl had a right to custody, he could not have violated section 787.03 . . . Section 787.03, Florida Statutes, under which Earl was charged, relates to interference with custody. . . . Although very poorly written, it appears that subsection (2) of section 787.03, added in 1987, is designed . . .

JOHNSON, v. STATE, 637 So. 2d 3 (Fla. Dist. Ct. App. 1994)

. . . opinion as to whether Johnson could have been convicted of interference with custody under section 787.03 . . .

FLORIDA RULES OF CRIMINAL PROCEDURE RE SENTENCING GUIDELINES RULES AND, 544 So. 2d 198 (Fla. 1989)

. . . Also, section 787.03(1), Florida Statutes (Supp.1988), makes it a third-degree felony to unlawfully interfere . . .

COSTLOW, v. STATE, 543 So. 2d 1259 (Fla. Dist. Ct. App. 1989)

. . . . § 787.03, Fla.Stat. (1985). The jury returned a guilty verdict as to concealment. . . . That offense is described as: 787.03 Interference with custody.— (1) Whoever, without lawful authority . . . at 57 (March 1986), Florida has made criminal two types of conduct involving custody under section 787.03 . . .

BERGNES v. BERGNES,, 24 Fla. Supp. 2d 41 (Fla. Cir. Ct. 1987)

. . . Florida Statutes § 787.03(1)(1985). . . .

POWELL, v. STATE, 495 So. 2d 828 (Fla. Dist. Ct. App. 1986)

. . . . § 787.03, Fla.Stat. (1983). . Ch. 86-273, s. 1, Laws of Florida (1986). . . .

STATE v. BADALICH,, 479 So. 2d 197 (Fla. Dist. Ct. App. 1985)

. . . Statutes (Supp.1984) Count two charges Badalich with interference with custody in violation of section 787.03 . . . STAT. 787.03, INTERFERENCE WITH CUSTODY? . . . without that lawful custody, including a natural parent, can be guilty of interference under section 787.03 . . . The wording of section 787.03(1) refers to lawful custody, and it is apparent that the legislature, in . . . Section 787.03, Florida Statutes reads, in pertinent part, as follows: Interference with custody.— (1 . . .

WATTS, v. STATE, 440 So. 2d 505 (Fla. Dist. Ct. App. 1983)

. . . any,” arguably variant from Grappin ⅛ attribution of a single unit of prosecution, appear in sections 787.03 . . .

U. P. C. INC. a v. INTERCONTINENTAL BANK, a, 410 So. 2d 554 (Fla. Dist. Ct. App. 1982)

. . . As such, it falls within the provisions of Section 787.03(5)(a) [sic] F.S. . . .

THE CENTURY INDEMNITY COMPANY, v. UNITED STATES, 236 F.2d 752 (D.C. Cir. 1956)

. . . Two deliveries thereof were made, one on July 28, 1943, in the sum of $13,-787.03, and the other on August . . .