False imprisonment is the intentional and unlawful restraint of a person's freedom of movement without their consent or legal authority. It occurs when someone confines another person within a bounded area through force, threat, coercion, or abuse of authority, preventing them from leaving or moving freely
. Key elements of false imprisonment include:
- Willful act by the defendant intending to confine the plaintiff
- Confinement without the plaintiff's consent and without legal justification
- Plaintiff's awareness of the confinement
- The area of confinement must be bounded, meaning no reasonable means of escape exists without risk of harm
Physical restraint is not always necessary; threats of immediate force can suffice. For example, locking someone in a room, holding them against their will, or detaining them for an unreasonable time without justification can constitute false imprisonment
. However, lawful detentions, such as a parent restricting a child’s movement or a storekeeper detaining a suspected shoplifter for a reasonable time, are not false imprisonment
. False imprisonment is both a crime and a tort, meaning it can lead to criminal prosecution and civil lawsuits
. It can be committed by private individuals or public authorities, including police officers who detain someone without lawful authority or for longer than legally allowed
. In summary, false imprisonment is the unlawful and intentional restriction of a person's liberty against their will, without legal justification or consent
