PC 236 False Imprisonment -- What Constitutes
False Imprisonment is the unlawful violation of the personal liberty of another.
What are the elements of false imprisonment?
1. Defendant intentionally restrained, confined, or detained victim.
2. Defendant compelled the victim to stay or go somewhere.
3. The defendant's act of offense was against the victims will.
Can I go to prison if I'm convicted of false imprisonment?
Yes, the offense can be a felony, which would carry a sentence of 16, 24, or 36 months in state prison, unless a grant of probation was given. However, it may also be charged as a misdemeanor, which would have a sentence of up to one year in county jail.
When does false imprisonment commonly get charged?
Domestic violence incidents often give rise to a charge of false imprisonment. A spouse or domestic partner may decide to leave, and the other party does not wish them to leave, and uses force or other similar means to confine them within the home, apartment, or other confined area. Other times it is more serious, as people are locked or confined by violent aggressive individuals who have ulterior motives.