What Is False Imprisonment?

What Must You Prove to Establish False Imprisonment? What Are the Potential Penalties for False Imprisonment?

We all value our personal freedom, the ability to move about freely on our own property or on public land. When another person or entity wrongfully restricts our movement, essentially containing us in limited space against our will, we have a legal right to redress for the restraints on that freedom. Such a legal action is commonly based on allegations of “false imprisonment.”

What Is False Imprisonment?

In essence, false imprisonment involves any action that illegally limits another person’s ability to move about freely. False imprisonment may be based on violation of a criminal law or it may be a civil wrong. When prosecuted as a crime, false imprisonment must be based on a statute prohibiting such actions. The crime may be prosecuted as a misdemeanor or a felony, depending on the specific circumstances of the case and the laws of the state. The use or threat of violence or weapons typically makes a charge of false imprisonment a felony.

As a general rule, whether false imprisonment is prosecuted as a crime or is the subject of a civil lawsuit, the party bringing the legal action must show the following elements:

• The defendant must restrain the victim without their consent or permission—If you agree to the confinement without being subject to threats, coercion, or misrepresentations, you don’t have a claim for false imprisonment. A person need not lock you in or make it physically impossible for you to leave a confined space. Threats of physical violence can be sufficient to eliminate consent, as can false statements about the likelihood of danger if you leave the confined space.
• The defendant must act intentionally when confining the other party—An accidentally locked door won’t lead to a claim for false imprisonment, unless the person who caused the false imprisonment knew or should have known about it and failed to take reasonable steps to unlock it.
• The person against whom the false imprisonment claim is made must know or be aware of the restraint—The defendant must knowingly limit your freedom. For example, if a person intentionally locks a door, but has no reason to think that you might be in the room behind the door, it’s not false imprisonment.
• The person limiting your freedom must not have legal authority to do so—A law enforcement officer involved in the reasonable investigation of a crime can typically restrain a person for a limited period of time while determining the facts. However, if the officer lacks probable cause, such confinement may constitute false imprisonment.

What Are the Penalties for False Imprisonment?

When false imprisonment is prosecuted as a crime, the defendant may face a number of potential sanctions, based primarily on whether the offense is charged as a misdemeanor or a felony. A conviction may lead to substantial fines, incarceration, or community service.

In a civil lawsuit, the victim of false imprisonment has the right to seek a monetary award as compensation for their losses. Such an award might include any lost wages or income, the cost of medical expenses associated with the false imprisonment, and damages for emotional distress.

What Is the Difference Between False Imprisonment and Kidnapping?

Though false imprisonment and kidnapping have some similar elements, kidnapping is a far more serious charge, and is commonly characterized by the relocation of the victim from one place to another. While false imprisonment may be charged as a misdemeanor or a felony, kidnapping is always considered a felony. A misdemeanor conviction for false imprisonment may result in your incarceration for up to a year. A conviction for kidnapping typically involves a minimum sentence of at least one year, usually in a prison.