{"id":353461,"date":"2016-04-04T10:46:59","date_gmt":"2016-04-04T15:46:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/false-imprisonment.html"},"modified":"2025-07-30T12:07:15","modified_gmt":"2025-07-30T17:07:15","slug":"false-imprisonment","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/false-imprisonment.html","title":{"rendered":"What Is False Imprisonment?"},"content":{"rendered":"\n
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What Is False Imprisonment?<\/h1>\n\n
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\n By Garrett Monteagudo, Esq.<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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False imprisonment occurs when a person intentionally and illegally restrains another person’s ability to move freely. While false imprisonment is a crime, you can also sue the offender in civil court.<\/p>\n\n <\/div>\n\n\n\n

In criminal law, a government prosecutor can bring criminal charges against a defendant for false imprisonment. The charge may be unlawful imprisonment in the first degree. This crime is detailed in the penal code for your state.<\/p>\n

False imprisonment can also be brought as an intentional tort<\/a> law claim in a private lawsuit. In these civil cases, the imprisoned person (plaintiff) seeks damages from the imprisoner (defendant).<\/p>\n

This article discusses false imprisonment and defenses to false imprisonment. Someone accused of this crime would want to seek advice from a criminal defense lawyer<\/a>. But if you were imprisoned against your will, you may want to sue the person responsible. A personal injury lawyer<\/a> can review your legal options.<\/p>\n

Legal Definition of False Imprisonment<\/h2>\n

Any person who intentionally restricts another’s freedom of movement without their consent may be liable for false imprisonment. It can occur in a room, on the streets, or even in a moving vehicle.<\/p>\n

All states (jurisdictions) have false imprisonment laws to protect against unlawful confinement. False imprisonment is both a crime and a civil wrong. That’s also the case for other offenses against a person<\/a>, such as assault and battery<\/a>.\u00a0<\/p>\n

Similarly, “false arrest” is when someone arrests another individual without the legal authority to do so. False arrest becomes false imprisonment the moment the victim is taken into custody.<\/p>\n

Example of False Imprisonment<\/h3>\n

To illustrate this concept, consider an armed bank robber. The robber yells at the customers to get down on the floor, threatening to shoot them if they try to leave. Here, there is the threat of force. Since the customers know they might be killed or suffer serious bodily harm if they try to leave, they are being held against their will. The captive bank customers may be able to claim damages.<\/p>\n

In a personal injury case, this could place civil liability on the robber for physical injuries or\u00a0intentional infliction of emotional distress<\/a>. They may also be liable for punitive damages, or damages designed to punish them for their egregious intentional acts.<\/p>\n

The bank robber may be charged with the crime of false imprisonment. The crime can be charged as a misdemeanor or a felony<\/a>, depending on the circumstances.<\/p>\n

Elements of False Imprisonment Claims<\/h2>\n

To prove a false imprisonment claim as a tort in a civil lawsuit, all the following elements must be present:<\/p>\n