A Florida registered sex offender has been arrested and charged with attempted kidnapping after he allegedly tried to pull a young child into the men’s bathroom at the Jewish Community Center in Doral.
The accused, a 39-year old man who has been previously convicted of possession of child pornography, is a member of the JCC’s special needs program. The accused apparently has what police are calling “intellectual disabilities.”
Under Florida law, a kidnapping occurs when a person “forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: Hold for ransom or reward or as a shield or hostage; commit or facilitate commission of any felony; inflict bodily harm upon or to terrorize the victim or another person; or Interfere with the performance of any governmental or political function.”
If the accused’s limited mental capacity prevents him from understanding the charges against him, he may be declared incompetent to proceed and cannot be prosecuted.
Eric Matheny is a criminal defense attorney representing clients charged with kidnapping and attempted kidnapping in Miami-Dade County and Broward County.