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False Imprisonment is a Class H felony punishable by up to 6 years imprisonment and a maximum $10,000 fine. There are a number of settings where charges could be alleged, including in the context of a domestic argument. This type of charge can elevate a simple domestic case into a more substantially complex case with the threat of greater penalties.
As a felony, these charges could remain on your record for the rest of your life. Expungement can be an option only under certain rare circumstances, so it is better to fight the conviction in the first place.
Defending Against False Imprisonment Charges
It is important to find an attorney that will not only scrutinize whether the state has sufficient evidence to prove the elements of false imprisonment. That can be a good starting point, but a solid defense also examines related issues that can apply to shift the balance of the case even when the state’s position is strong on some or all of the elements. Here are two key aspects to a false imprisonment defense:
The Imposed Boundaries Did Not Confine
If the victim knew they could have avoided confinement or restraint by taking reasonable action, then that can be a defense against the charge. A reasonable action would include actions such as going out an easily accessible back door if the front door is locked/blocked by the defendant or grabbing accessible keys to the locked door.
Good Faith Confinement
There are certain circumstances in false imprisonment cases in which confinement may be lawful, such as situations where a store is detaining someone they believe has committed a crime and they are waiting on law enforcement to arrive. This happens most often for instances of shoplifting. Other instances include confinement as part of reasonable parental discipline of a child or confining someone who is in imminent danger of harming themselves or others. These defenses or privileges are not absolute and can turn out different depending on whether the confinement was reasonable under the circumstances.
What Is a False Imprisonment Charge?
False imprisonment is defined as when the defendant:
- Confined or restrained the victim,
- Confined or restrained the victim intentionally,
- Confined or restrained the victim without the victim’s consent,
- Confined or restrained the victim without lawful authority, and
- Knew the victim did not consent and knew that they did not have lawful authority to confine or restrain the victim.
This felony can be alleged in situations where one person grabs another to try and prevent them from leaving. It can also include instances where there is no physical contact with the other person, like locking or holding doors closed.
To define some of the above terms, confinement or restraint does not require putting someone in a cell or use of ropes or chains, and physical force is not required. And, consent is not deemed to have been provided if given by a victim due to fear caused by force or the threat of imminent use of physical violence on them, on another person in their presence, or on a member of their immediate family.
The state must prove each of these elements beyond a reasonable doubt to secure a conviction at trial, and evidence of intent can be determined from someone’s words, actions, or statements.
Kidnapping vs False Imprisonment
Kidnapping requires that the victim be transported/carried from one place to another. That it was done so through the use of force or the threat of imminent force to overcome the victim’s resistance to being transported/carried.
The transportation/carrying must have been done with the intent to either:
- Secretly confine,
- Secretly imprison,
- Transport out of the state, or
- Hold someone in service against their will.
These key differences are aggravating factors that make kidnapping a higher degree of felony. False imprisonment is not a step on the path to kidnapping, meaning that if the prosecutor fails to meet the requirements of kidnapping, they cannot simply fall back and attempt to prove false imprisonment.
Unlawful Imprisonment vs False Imprisonment
Sometimes “unlawful imprisonment” and “false imprisonment” are used interchangeably to describe the same thing, due in part to different charge languages across states (another example would be OWI vs. DUI).
However, context is important because unlawful imprisonment could include cases where law enforcement relied on illegal means or illegally seized evidence to get a conviction or justify confinement which are more civil case types rather than criminal charges. Be sure to ask for clarification when discussing one or both terms, and don’t assume one or both apply equally in your situation.
Threats of False Imprisonment
As physical force is not required in false imprisonment cases, words or threats can also be the basis of a confinement or restraint determination. Even in circumstances where those words or threats are themselves insufficient to be considered false imprisonment, they could form the basis for other crimes (such as victim intimidation). They could also be used as evidence of intent to confine if there is a more borderline situation about whether confinement occurred.
Wisconsin Statute on False Imprisonment (940.30)
Wisconsin Statute 940.30 defines false imprisonment. It states that whoever intentionally confines or restrains another without the person’s consent and with knowledge that he or she has no lawful authority to do so is guilty of a Class H felony.
