False Imprisonment

Overview

False Imprisonment is the unlawful violation of the personal liberty of another.

This occurs when a person intentionally and unlawfully restrains, confines or detains the victim, compelling him to stay or go somewhere and the victim did not consent to the restraint, confinement or detention.

False Imprisonment can be accomplished by violence (the exercise of physical force to restrain) or menace (an express or implied threat of harm). It can also be accomplished by fraud and deceit (because fraud/deceit cancels out the victim's consent).


Example
An example of false imprisonment would be forcing an elder or dependent adult into a room and keeping them there through:
  • Threats of harm
  • Getting them to agree to stay somewhere by lying or deceiving them
  • Getting them to agree to go somewhere by lying or deceiving them