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False Imprisonment Us Withdrawal In Georgia
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Multi-State
Control #:
US-000280
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The most common defense is consent. In other words, the victim voluntarily agreed to being confined.
(a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority. (b) A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years.
Nominal damages will be awarded to an individual who has suffered no actual damages in consequence to the illegal confinement. In cases where an injured offers proof of injuries suffered, s/he will be compensated with damages for physical injuries, mental suffering, and loss of earnings.
If you are referring to the tort of false imprisonment, then the answer is yes. You can file a civil lawsuit against someone or an entity that falsely imprisoned you. However, outside of an extreme situation, the problem is that there are rarely any actual damages. Therefore, a lawsuit is rarely worth doing.
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.
The elements of false imprisonment include intentionally confining a person, actually confining them, and not receiving consent from the victim. However, the victim must be aware of the harm or have suffered harm.
A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years.
