All You Need to Know About the False Imprisonment Penal Codes

Have you ever been restricted in your movements? Did it ever happen that you’re not allowed to go to a place? Well, in that case, you’ve gone through false imprisonment.

However, its definition differs from one another. In a private lawsuit under civil law, false imprisonment is brought by intentional tort law or a civil wrongful act.

In criminal laws, however, if a government prosecutor brings about criminal charges against you then it is the case of false imprisonment. It is also synonymous with unlawful imprisonment where the first degree is a detailed penal code of your state.

In this article, we will talk in detail about false imprisonment and all the things relating to it.

Understanding False Imprisonment

False imprisonment talks about a situation where the individual lacks legal authority on an individual. Suppose it purposely restrains and confines your freedom to move around within a designated area.

False imprisonment is often classified as a tort or crime depending on its severity. False imprisonment under tort law is an intentional tort.

However, under criminal law, it either falls under the classification of a misdemeanor or a felony. This, however, completely depends upon the jurisdiction the person might belong in.

Falling under the same category as false imprisonment is unlawful imprisonment. Even though it constitutes a much more severe offense, in some states it’s even tried as a form of criminal law. For example, in Arizona, it’s categorized as a Class 6 felony or even a Class 1 misdemeanor. This, however, depends upon whether the offender is voluntarily releasing the victim safely or is because of an official arrest.

In other states like Washington, even though unlawful imprisonment plays out as a severe offense but is categorized as a Class C felony in DC due to its likelihood of kidnapping.

The Important Components of Misdemeanor False Imprisonments

False imprisonment is a way of unlawful detention of you against your will. In a nutshell, false imprisonment is a form of a restraining order where it talks about the act of restricting another person without their prior consent. However, we mustn’t forget the important components of this. Let’s see what they are:

Intentional Detainment

In this case, there should be a proper intent by the defendant to commit the act of imprisonment. They could also utilize the physical barriers and prevent the individuals from leaving a designated area. Sometimes it can also mean verbal harm as well. However, if you accidentally lock up a person in a room where it doesn’t constitute false imprisonment.

False imprisonment often implies being held against your will. This means no type of consent is given in the act of confinement. However, in those cases, when someone is unable to provide consent like those children with cognitive disabilities, then in that case, the guardians can be responsible for consenting.

Unlawful Detention

In some cases, detaining a person is lawful in nature. Suppose certain states even allow the shopkeepers to detain the suspect of a case for a reasonable amount of time as grounds for retail theft.

Sometimes, even police officers have the legal authority to arrest and even detain someone if they’re undergoing a probable cause. Moreover, a citizen’s arrest also can be justifiable when a crime is taking place in front of them.

Elements of the Felony False Imprisonments

Common Defenses Against the Charges of False Imprisonment

Like misdemeanor false imprisonments, there are also felony false imprisonments. Let’s see what they are:

Violence

In this case, violence is an important component of felony false imprisonment. It means to use greater force or physical force that is necessary to restrain someone. In that case, it is felony imprisonment.

Menace

In this case, it is also a felony false imprisonment when there is a physical threat of harm by using a deadly weapon. The threat can either way in the form of expression or an implication.

In menace, if an act is done against the person’s will, then it is a menace.

Examples of the False Imprisonment

False imprisonment issues vary from one another. Here is a common example of false imprisonment.

For instance, an armed bank robber is yelling at a customer to get down on the floor. He also threatens to shoot them if they try to escape. In this scenario, the robber used the threat of force.

Why? Because they are killed or are suffering serious bodily harm if they try to leave. Additionally, they’re also held against their will. In this case, the captive bank customers can even claim damages.

However, in the case of personal injury, there will be a window for civil liability on the robber for physical injuries. They’re also liable for causing punitive damages.

The bank robber also could be charged with crimes of false imprisonment. These crimes can be charged as a misdemeanor or a felony. This, however, completely depends upon the circumstances. Sometimes, even the police can also get charged with claims of false imprisonment if they’re exceeding their authority. For instance, if they wrongfully detain you against any legal jurisdiction.

Additionally, if a person intentionally restricts the freedom of another person’s movement without their prior consent, it can also be termed as false imprisonment. It’s both a civil and a criminal wrong. Like any other offense of assault and battery, it can even occur in a room, in the streets, or even in a moving vehicle.

Common Defenses Against the Charges of False Imprisonment

Sometimes, you’re charged with false imprisonment, and you might not have even committed the crime. Sometimes, it even means that the person imprisoned gave consent but later denied it in front of law enforcement. In that case, consent can be both actual and even implied. Here we have listed out some common defenses that you can use to justify your false imprisonment claims:

If you’re confining someone and they initially give consent for the confinement and later deny it, in that case, it is not false imprisonment. The consent should be obtained without any coercion, duress, or fraud. If the individual consents to imprisonment without the above offenses, then it’s not false imprisonment.

Police Privilege

In this case, the police officers also have lawful authority to detain someone with the help of legal justification. This also means that the police should possess some probable cause or reasonable suspicion to imprison someone. Additionally, there are also different types of legal standards that even allow the police to suspect the wrongdoing of the committed crime.

Shopkeeper’s Privilege

In this case, many states of the US even have laws to protect the merchants from any claims of false imprisonment. These laws can typically allow the merchants to even detain customers if they argue reasonably. A shopkeeper has the following privileges to detain a person on the grounds of:

· Requesting or verifying ID.

· Making a reasonable inquiry about whether the person has even purchased the merchandise or not.

· Holding the person in custody until a peace officer arrives at the spot.

Therefore, in determining the liability, the court will further look into the actions of the store if the circumstances seem to be reasonable. Even a guilty shoplifter can even sue for false imprisonment even if the detention is unreasonable.

Citizen’s Arrest

In some instances, even if you’re not in law enforcement, you can make a citizen’s arrest. In that case, you need to call upon a peace officer. This can even happen when a crime gets committed in their presence. However, this defense is not meant to give the citizens work instead of law enforcement.

False Imprisonment vs. Kidnapping

Even though you might think that they mean the same, they are very different from one another. The crime of kidnapping takes place when a person abducts a person and takes them, to another place. This usually takes place when they’re holding them against their will.

On the other hand, false imprisonment cannot take place in a kidnapping situation as the person moves to a new area.

In the case of kidnapping, these are the primary characteristics:

· The use of force.

· Usage of unlawful restraints.

· Any sort of bodily injury.

· Traveling from a substantial distance.

· Crossing the state borders.

Offenses That Are Related to False Imprisonment

False imprisonment is classified as a felony and a misdemeanor. It’s an umbrella term where everything falls under it. Here are some offenses that you can relate to false imprisonment:

· If you’re locked up by another person in the room without their permission.

· If you’re being grabbed by another person without your consent.

· If a security guard or even a store owner is detaining, you without any justification.

· If your employer is detaining, you and questioning you for an unreasonable amount of time for suspected theft.

· A nursing home staff medicating you without your prior consent or even not paying any heed to your physical or emotional threat.