1.124 — FALSE IMPRISONMENT

Violations of "Statute 1.124" results in a Class C Misdemeanor

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(a) Definitions

False imprisonment is defined as the unlawful restraint or confinement of another person against their will, without legal authority or justification.

(b) Elements

To prove false imprisonment, the prosecution must establish the following elements beyond a reasonable doubt:

1. The defendant restrained or confined another person.

2. The restraint or confinement was against the will of the person.

3. The restraint or confinement was unlawful, without legal authority or justification.

4. The defendant acted intentionally or knowingly in restraining or confining the person.

(c) Defenses

Defenses to a charge of false imprisonment may include, but are not limited to:

• Consent: The alleged victim consented to the restraint or confinement.

• Legal authority: The defendant had legal authority or justification for the restraint or confinement, such as a lawful arrest or detention.

• Mistaken belief: The defendant reasonably believed they had the legal right to restrain or confine the person.

(d) Aggravating Factors

Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:

• Prior convictions for false imprisonment or other violent offenses.

• The duration or severity of the restraint or confinement.

• Use of force, threats, or deception to restrain or confine the person.