Crimes against the Person: False Imprisonment, Kidnapping

Question 1

What are the elements of “false imprisonment”?

Answer 1

1. UNLAWFUL CONFINEMENT of a person;
2. WITHOUT his valid consent

Additional MPC requirement –> confinement must “substantially interfere” w/ victim’s liberty

Question 2

With regards to false imprisonment, what is NOT considered confinement?

Answer 2

It is NOT confinement to simply prevent someone from going where they want to go, as long as alternative routes are available?

Question 3

With regards to false imprisonment, when is consent invalidated?

Answer 3

consent is invalidated by:

1. coercion, threats, deception; OR
2. incapacity due to mental illness, cognitive impairment, or youth

Question 4

What are the elements of “kidnapping”?

Answer 4

Most kidnapping statutes –>

1. unlawful confinement of a person that involves
2. EITHER:
   (i) some MOVEMENT of the victim; OR
   (ii) CONCEALMENT of the victim in a secret place

Question 5

What are the general requirements for “aggravated kidnapping” ?

Answer 5

1. kidnapping for ransom
2. kidnapping for the purpose of committing other crimes
3. kidnapping for offensive purposes
4. child stealing

NOTE –> if victim is a child, her consent is irrelevant bc she is not capable of giving consent