The Essential Guide to False Imprisonment

Published February 27, 2024

False imprisonment talks about restraining a person against their will in a bounded area without any justification. It is the confinement of one without consent or the presence of legal authority. 

In this article, we’ll discuss everything for educational purposes. We’ll tackle what it is, its elements, examples, and defenses. Let’s start. 

What Is False Imprisonment?

False imprisonment occurs when an individual intentionally and illegally restrains another person’s capacity to move freely. A private lawsuit under civil law can be brought as an intentional tort law claim. It is a civil, wrongful act. 

In criminal law, a government prosecutor can introduce criminal charges against a defendant for false imprisonment. It may be known as unlawful imprisonment in the first degree. It is detailed in the penal code for your state. 

Elements of False Imprisonment Claims

All jurisdictions have false imprisonment laws. It is to safeguard against unlawful confinement. To prove it as a tort in a civil lawsuit, the following elements must be observed: 

1. There was a willful detention;
2. The detention was without consent, and 
3. The detention was unlawful 

A false imprisonment legal claim can manifest in many forms. Physical force is often applied. Yet, it isn’t required.

The restraint of a person may be constrained by physical barriers, such as being locked in a car. It can also be by unreasonable duress. For one, holding someone’s valuables. It is with the intent to force them to remain at a location. 

To claim false imprisonment, you must reasonably believe you were restricted in a bounded area. A court will rule whether the belief is reasonable. It determines what a good person would do or think under similar circumstances. In addition, the actor must intend to commit the confinement without the legal privilege to do so.

Examples of False Imprisonment

Paint a scenario of an armed bank robber yelling at the customers to get down on the floor. The robber threatens to shoot them if they try to leave. In this case, there is a threat of force. Since the customers know they might be killed or suffer bodily harm in going, they are held against their will. The captives may be able to claim damages. 

In a personal injury case, this would fall as civil liability on the robber. It will be defined as intentional infliction of emotional distress. The bank robber may be faced with the crime of false imprisonment. It can be charged as a misdemeanor or a felony. It will depend on the circumstances. Even the police may be charged with it if they exceed their authority. For one, they may wrongfully detain someone without lawful justification. 

Any person who consciously restricts another’s freedom of movement without consent may be liable for the crime. False imprisonment is both a crime as well as a civil wrongdoing. It can happen in a room, on the streets, or even in a moving vehicle.

More examples include

• A person locking another individual in a room without their permission
• A person grabs onto another individual without their consent. They hold to them so they cannot leave
• A security guard or store owner who locks someone for an unreasonable amount of time without justification 
• Nursing home staff medication a patient without their consent under physical or emotional threat 

Impact of False Imprisonment

1. Psychological impact 

False imprisonment can lead to significant psychological issues. The victims of the crime can experience anxiety and depression. Also, post-traumatic stress disorder, and sleep disturbances.

2. Physical health impact 

The stress related to false imprisonment can lead to physical health problems. 

3. Impact on crime victims 

Wrongful convictions affect the accused and have a significant impact on the original crime victims. A study revealed a lack of services available to these victims. 

4. Society and legal system 

Wrongful convictions can undermine public confidence in the legal system. 

Defenses to False Imprisonment

1. Consent 

If the person agrees to the restraint, it cannot be considered false imprisonment. The consent must be freely given. It should not be coerced. 

2. Legal Authority

Police officers have the legal authority to restrain a person’s movement in certain circumstances. Suppose a person has the legal authority to restrict another. It cannot be deemed false imprisonment. 

3. Privilege

In some cases, one might be privileged to detain another. For one, shopkeepers can detain suspected shoplifters for a reasonable period.

4. Self-defense or defense of others

This defense asserts that the defendant had reasonable grounds to believe that restraining the plaintiff was necessary. It is to protect themselves or others from harm. 

5. Necessity

This defense argues that the detention was critical to safeguard more significant harm from occurring.