False imprisonment is the offense of unlawfully restraining or confining another person against their will, without legal authority or justification, so that they are deprived of their freedom of movement. It requires no particular means of confinement, physical force, a locked room, a threat, or any other method that effectively prevents the victim from leaving can satisfy the offense, and it requires no particular duration, since even a brief unlawful confinement can be charged. False imprisonment is closely related to kidnapping, and many jurisdictions treat it as the lesser included offense that kidnapping's asportation or aggravating element, such as intent to hold the victim for ransom, elevates into the more serious charge, so that a kidnapping charge that fails to prove those additional elements can still support a false imprisonment conviction. The offense exists in both criminal and civil law in most common-law systems, meaning the same unlawful confinement can support a criminal prosecution and a separate civil claim for damages by the person confined.
Facts
Classification CodeUnder California law, false imprisonment is graded by how it was carried out: an ordinary false imprisonment is a lesser offense, but if it is effected by violence, menace, fraud, or deceit, the California Penal Code punishes it as a felony under its determinate sentencing provision instead. 2 Typical PenaltyCalifornia's base false imprisonment penalty is a fine of up to one thousand dollars, up to one year in county jail, or both, rising to felony-level imprisonment when the detention involved violence, menace, fraud, or deceit. 2 Elements of OffenseA civil or criminal false imprisonment claim in the United States generally requires proof of three things: a willful detention of the person within a bounded area, the absence of the person's consent, and the absence of lawful legal authority for the detention. 1 Notable ExampleIn the Colorado case Enright v. Groves, a woman sued a police officer for false imprisonment after he arrested her for failing to produce her driver's license, a frequently cited illustration of a false arrest claim. 1 Jurisdiction VariationFalse imprisonment is recognized both as a crime and as an intentional tort, so a given jurisdiction may address the same restraining conduct through a dedicated criminal statute, through civil liability alone, or through both tracks at once. 3 Classification
Offense GradeSerious or Indictable Offense 1 Connections
Has Offense Grade
Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.
Sources
1. False Imprisonment (Wikipedia)
Wikipedialead paragraph, first sentence
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission.
United States section, Elements subsection
To prevail under a false imprisonment claim, a plaintiff must prove: 1. Willful detention in a bounded area 2. Without consent; and 3. Without authority of lawful arrest.
United States section, Examples subsection (Colorado)
In Enright v. Groves, a woman sued a police officer for false imprisonment after being arrested for not producing her driver's license.
View the Source 2. California Penal Code Section 237 (California Legislative Information)
California State Legislaturesubdivision (a), aggravated clause
If the false imprisonment be effected by violence, menace, fraud, or deceit, it shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170.
subdivision (a)
False imprisonment is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.
View the Source 3. Cornell LII Wex: False Imprisonment
Cornell Law School, Legal Information Instituteopening paragraph, main definition sectionQuote, opening paragraph, main definition section
It is recognized both as a crime and as an intentional tort.
Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.
Sign in to dispute this or suggest a correction.