Unlawful restraint involves intentionally confining someone against their will. Learn the elements of this crime to better protect your legal rights.
The crime of unlawful restraint, sometimes referred to as false imprisonment, occurs when one person intentionally restricts another person's physical freedom of movement without their consent and without legal justification. This offense doesn't require physical violence, locking someone in a secure room, or holding them for a long time. Blocking a doorway or using verbal threats to keep someone in an area can result in criminal charges.
Criminal Elements of Unlawful Restraint
Though state laws differ in how they categorize unlawful restraint crimes, they all prohibit the same kind of conduct.
Intentional Detention
Unlawful restraint always involves some sort of intentional detention. You can't commit unlawful restraint by accident, and you must intend for your actions to result in confining someone else. However, there's no requirement that the victim is physically placed in a cell, secure building, or other confined area. It's enough that victims believe they are restrained from taking action or leaving an area.
The detention can result from verbal orders, lies, or physical restraint. Violence or the threat of violence could also be involved. If only threatened force is used to confine a victim, the victim must have a reasonable apprehension or fear of the threatened force. There's no minimum time requirement involved in unlawful restraint. If a victim is confined even for a few moments, this can be enough to qualify as unlawful restraint.
No Legal Authority
You can't unlawfully restrain someone if you have the legal authority to confine the person. However, it is up to a court to determine lawfulness. So, if you restrained someone believing that you had the legal authority to do so, and a court later determines you didn't, you can be convicted of unlawful restraint.
Against Another's Will
The unlawful confinement must be against the victim's will. You can't unlawfully confine someone who consents to the restraint. The victim must be an unwilling participant. For example, a security guard who asks a store customer to accompany them to the store's security area does not commit unlawful restraint if the person agrees to accompany the guard voluntarily. But if a person wants to leave an area and they are held against their will, this could be unlawful restraint.
Unable to Escape or Leave
The confinement involved in unlawful restraint must be complete, meaning the victim can't leave. For example, a person who can leave a confined area by opening a door or walking away isn't confined. However, the victim must be aware of the reasonable manner of escape and be capable of acting upon it. So, if the victim believes that attempting to escape would result in violence or harm because of threatened violence, that can be enough to make the confinement total even if an easy escape route exists.
How Does Unlawful Restraint Differ From Kidnapping and False Imprisonment?
Kidnapping is similar to unlawful restraint but generally involves additional elements that make it a more serious offense. Depending on the state, kidnapping often requires some form of unlawful restraint, plus a motive (such as seeking ransom), some physical movement of the victim, or both.
False imprisonment, as mentioned above, is used in lieu of the term "unlawful restraint" in some states. These crimes generally prohibit the same conduct, although particular definitions and penalties may be different.
You might also hear "false imprisonment" referred to as a civil tort. In this capacity, a victim is suing a defendant for monetary damages (in civil court) rather than a government prosecutor seeking incarceration and fines (in criminal court) for the wrongful act.
What Are the Penalties for Unlawful Restraint?
States often differentiate between felony and misdemeanor unlawful restraint crimes.
Felony or Misdemeanor
Felony charges usually apply when the circumstances surrounding the unlawful restraint exposed the victim to harm or substantial risk of injury or involved violence or the threat of violence. Misdemeanor unlawful restraint usually does not have an element of physical risk to the victim or any use of violence. However, state laws on unlawful restraint differ significantly, as do the potential punishments involved.
Incarceration
For a misdemeanor conviction of unlawful restraint, a jail sentence of less than a year is possible, while felony convictions may impose potential prison terms of 10 years or more. In some situations, such as where the unlawful detention victim was a child, the law may authorize decades behind bars.
Fines
Misdemeanor convictions of unlawful restraint typically involve fines of $2,000 or less, while felony fines often exceed $5,000.
Probation
Probation as a sentence for unlawful restraint is possible, but often only with misdemeanor charges where the convicted person has not committed previous crimes. However, even felony unlawful restraint charges may result in a probation sentence in some situations. Probation usually lasts at least six months, though one-year or longer probation sentences are common.
Get Legal Advice
Unlawful restraint charges are very serious. Even if you've never been convicted of a crime or believed you were acting legally, unlawful restraint charges can result in years in prison and substantial fines. If you're facing unlawful restraint charges, you need legal advice from an experienced criminal defense lawyer. Ask the court for a public defender if you can't afford a private attorney. Your defense attorney or public defender can help you navigate the criminal legal system, explore possible defenses, and zealously defend your rights.
