False Imprisonment

Question 1

Elements of False Imprisonment

Answer 1

1. P is confined within boundaries set by D.
2. P is aware of or is harmed by the confinement.
3. D is the cause of the confinement
4. D intended to confine P or a third-party

Question 2

Confinement

Answer 2

1. Physical barriers: D uses physical barriers that prevent, or appear to prevent P from exiting the area of confinement, and D is unaware of a readily available and safe means of exit.
2. Physical force: D uses physical force or restraint, or makes an express or implied use of physical force or restraint and P submits rather than leaving the area of confinement.
3. Duress: D causes duress, other than by physical force or restraint, and P submits rather than leaving the area of confinement.
4. Assertion of legal authority: P submits to D’s unlawful assertion of legal authority

Question 3

Duress (false imprisonment)

Answer 3

Confinement is established due to duress if:
1. D threatens to harm a member of P’s family if P does not remain in the area of confinement
2. D threatens to retain property of P if P does not remain in the area of confinement.
3. D places P in a situation where P would experience any other significant burden or detriment if P leaves the area.

If P voluntarily submits to confinement to clear his/her name from accusation, the threat to P’s reputation does not itself amount to duress.