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False Imprisonment Under California Law

California Penal Code 236

California Penal Code Section 236 defines false imprisonment as the unlawful restraint, confinement or detention of someone accomplished by violence or menace. The penalty for false imprisonment in California is up to three years in state prison-longer if someone is injured.

If you or someone close to you has been arrested for false imprisonment in Southern California, speak to a California criminal defense lawyer at our office for a discussion of the charges and possible defenses.

Here is what the state must prove in order to convict someone of false imprisonment in California (based on the California Judicial Council's Jury Instructions):
False Imprisonment Law

Penal Code Section 236

To prove that the defendant is guilty of false imprisonment, the prosecution must prove that:

1. The defendant intentionally and unlawfully restrained or confined or detained someone or caused that person to be restrained or confined or detained by violence or menace;

AND

2. The defendant made the other person stay or go somewhere against that person's will.

o Violence means using physical force that is greater than the force reasonably necessary to restrain someone.

o Menace means a verbal or physical threat of harm, including use of a deadly weapon. The threat of harm may be explicit or implicit.

o An act is against a person's will if that person doesn't consent to the act. Consent is when a person acts freely and voluntarily and knows the nature of the act.

o False imprisonment does not require that the restrained person be in jail or prison.

o "Violence" is a force above that reasonably necessary to establish the restraint.

http://www.shouselaw.com/false_imprisonment.html