Legal Definitions - false imprisonment

False imprisonment occurs when someone intentionally and unlawfully restricts another person's freedom of movement, confining them within a bounded area against their will.

Key elements of false imprisonment include:

• An intentional act by the person doing the confining.
• The confinement must be without the confined person's consent.
• There must be no legal justification or authority for the confinement.
• The person must be confined within a bounded area, meaning there is no reasonable means of escape, or any escape would involve a risk of physical harm.
• The confined person must be aware of their confinement or suffer harm from it.

The restraint can involve physical barriers, the use of force, threats of immediate physical harm, or even the misuse of legal authority.

Here are some examples to illustrate false imprisonment:

• Example 1: Physical Confinement

  A landlord, angry about a tenant's late rent payment, locks the tenant inside their apartment for several hours, preventing them from leaving to go to work or buy groceries. The landlord refuses to unlock the door despite the tenant's pleas.

  This illustrates false imprisonment because: The landlord intentionally restricted the tenant's movement by locking the door (an intentional act). The tenant was confined within their apartment (a bounded area) against their will, and the landlord had no legal right to prevent them from leaving, making the confinement unlawful.

• Example 2: Confinement by Threat

  During a heated argument in an office, one employee stands directly in front of the only exit, blocking the doorway and threatening to physically assault a colleague if they attempt to leave the room. The colleague, fearing for their safety, remains in the room for an extended period.

  This illustrates false imprisonment because: The employee intentionally used a threat of immediate physical harm to prevent the colleague from leaving (an intentional act). Even without a physical lock, the threat created a bounded area from which the colleague could not reasonably escape without risking harm, thus confining them against their will and without justification.

• Example 3: Misuse of Perceived Authority

  A private security guard at a retail store mistakenly believes a customer has shoplifted an item. The guard detains the customer in a small back room for three hours, refusing to let them leave while waiting for police to arrive, even after reviewing surveillance footage that clearly shows the customer did not steal anything. The guard continues to hold the customer despite the lack of evidence and the customer's repeated demands to be released.

  This illustrates false imprisonment because: The security guard intentionally confined the customer in the back room (an intentional act and bounded area). While a store might have a limited "shopkeeper's privilege" to detain for a reasonable time to investigate, holding the customer for three hours after evidence cleared them, and refusing release, exceeded any lawful authority and became an unlawful confinement against the customer's will.