A parent can be criminally prosecuted for kidnapping their own child!

The Florida Supreme Court has held in Ricardo Davila v. State of Florida 36 FLW S579 Overturning Munoz which was the law in the 2d DCA, The Court found that a parent could be criminally convicted of kidnapping under section 787.01 Fla. Stat. reasoning that if the legislature intended a biological parent to be exempted from criminal kidnapping that would have stated so. Based on the unambiguous language of the criminal kidnapping statute, a parent is not liable from criminal liability for kidnapping his or her own child under section 787.01, Fla. Stat (2000). Therefore if it can be proven that a parent committed the acts necessary to prove the elements of kidnapping, namely, a forceful, secretive, or threatening act that confines, abducts, or imprisons another person against his or her will and it is established that the defendant performed the overt act with one of the four specific intents outlined in the statute. The statute sets forth a method of proof which allows the State to establish that the overt act on the part of the defendant was against a person's will when that person is a child under the age of 13.