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False imprisonment is one of the more easily understood sections of the California penal code as it involves illegally detaining someone against their will. Though the offense, as defined under California Penal Code section 236 (PC), is relatively straightforward, things can get confusing when distinguishing between this charge and the similar crimes of kidnapping, human trafficking, child abduction, or taking a hostage. If you have been accused of holding someone against their will, call a false imprisonment defense attorney as soon as possible.
What is False Imprisonment Under 236 (PC)?
Contrary to the name, false imprisonment does not require someone actually be put in jail or even physically restrained. You can even be guilty of this crime even if you take them somewhere against their will. The offense is defined very simply under Penal Code 236 (PC), which states, “false imprisonment is the unlawful violation of the personal liberty of another.”
In practice, this means that when someone illegally detains, restrains, or confines someone else and then makes the victim either go somewhere or stay somewhere against their will, they have violated the law. The most common situation where people are charged with false imprisonment is in domestic violence situations where the alleged perpetrator doesn’t let the victim go or leave the residence.
Notably, if someone falsely imprisons another to use them as a hostage to help avoid getting arrested, this is a distinct crime filed under penal code 210.5 (PC).
The Three Elements of False Imprisonment
For someone to be guilty of false imprisonment, the prosecution must be able to prove that the detention was:
- willful
- done without the victim’s consent
- illegal
These elements are important in distinguishing this crime from other activities. For example, if a business owner accidentally detained another person by locking their shop’s doors without realizing someone was still inside, it would not be a crime because they did not act willfully. Alternatively, if someone participates in bondage play with their partner and consents to being tied up, it would be completely legal.
The third element excludes legal detentions, such as police traffic stops and citizens’ arrests. Without this section of the law, security guards could be accused of false imprisonment any time they stopped someone for shoplifting.
Can a Parent Face False Imprisonment Charges?
It is legal for a parent to detain their minor child for disciplinary or safety purposes, meaning a mother can legally put her child on time out, and a father can keep his child indoors on a rainy day without worrying about criminal charges. However, when the detainment puts the child’s safety at risk or is done for an unlawful purpose, the parent could still face charges.
What is the Difference Between False Imprisonment and Kidnapping?
Many people mistake false imprisonment and kidnapping, but they are two very distinct laws in California. Kidnapping requires the victim to be transported a significant distance through the use of force or fear (or when the victim is 14, through the use of fraud). However, false imprisonment places no restrictions on the transportation of the victim, as long as they are detained, confined, or restrained illegally. Additionally, many kidnappings are done for the purposes of ransoming the victim, whereas false imprisonment is not.
How is Human Trafficking Different from False Imprisonment?
Both human trafficking and false imprisonment involve depriving someone of their personal liberty. However, false imprisonment is a lesser crime because human trafficking involves denying someone their freedom to obtain forced labor or services or with the intent to violate child pornography, pimping and pandering, extortion or blackmail, or any other laws involving commercial sex acts or the exploitation of children.
What is the Penalty for False Imprisonment in California?
The sentencing for false imprisonment is detailed under 237 (PC). This offense is known as a wobbler, meaning it can be charged as a felony or misdemeanor. When no violence or threats were used to make the victim comply, the charge will almost always be a misdemeanor, punishable by no more than one year in county jail.
When the crime involves violence or threats, it will usually be charged as a felony but may still be a misdemeanor. As a felony, the maximum penalty is three years in state prison. In cases where the victim was an elderly individual or dependent adult though, the sentence can be up to four years, or five years if the victim suffered any injuries.
You can also face civil penalties for false imprisonment if the victim chooses to sue you, which frequently happens in cases where police abuse their powers and detain someone illegally.
Is False Imprisonment a Strike?
No, it is not a strikable offense under California’s three strikes law.
How Can You Fight False Imprisonment Charges?
Your attorney may use many different defenses to fight false imprisonment allegations, but each case requires a strategy specifically tailored to the situation. Sometimes, the best move is for your lawyer to negotiate a plea bargain to minimize the sentence or charges you may face. In many cases, false imprisonment charges are used in plea bargains for kidnapping or human trafficking cases so the defendants can face lesser penalties. Given that the maximum penalty for kidnapping is eight years and human trafficking’s maximum punishment goes up to 12 years, a three-year sentence for false imprisonment is a significant improvement.
Aside from plea bargains to reduce the charges against you, your attorney may also be able to help you fight the charges entirely. One of the best ways to do this is to argue that the prosecution cannot prove all three elements of its case, meaning that the false imprisonment wasn’t either willful, nonconsensual, or illegal. Other defenses include arguing that you were the victim of false allegations, wrongful identification, or police misconduct.
Always speak with a lawyer before attempting any defense against charges for these charges, as it is easy to say something that could damage your case accidentally.
If you have been accused of false imprisonment, please call criminal lawyer Peter M. Liss at (760) 643-4050. He offers free initial consultations at his office, located right across the street from the North County San Diego courthouse and jail in Vista.
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