Jacksonville Criminal Defense Lawyer Blog
If a Jacksonville Criminal Defendant is arrested for Jacksonville Kidnapping under Section 787.01(1)(a)(2), he or she has also been accused of committing another felony. In order to be charged under this Florida kidnapping law, the Jacksonville State Attorney must show not only that the defendant abducted or imprisoned the victim; the prosecutor must also establish that the defendant did so in order to commit or facilitate the commission of a felony.
The Florida Supreme Court recognizes that if Section 787.01(1)(a)(2) were applied literally, it would convert any forcible felony into two distinct felonies, kidnapping and the underlying felony, in every forcible felony case. Therefore, the Florida Supreme court uses a three-part test it adopted in Faison. The State is required to demonstrate that every element of the statute has been satisfied before turning to the three-part test.” Delgado v. State, 36 Fla. L. Weekly S220c (2011). (See Florida Supreme Court Uses the Faison Test for Florida Kidnapping Charges).