This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
The Bottom Line: "False imprisonment is the intentional restraint or detention of another without just cause.
False imprisonment is the unlawful violation of the personal liberty of another. (Enacted 1872.)
In general, to make out a false imprisonment claim, you'll need to show these four common elements: the intentional restraint of another person in a confined area. the restrained person doesn't consent to the restraint. the restrained person is aware of the restraint, and. the restraint is without legal justification.
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.
Penalties for Penal Code 236 False Imprisonment If convicted of a PC 236 felony crime, you could spend up to three years in a California state prison and be fined up to $10,000. It should be noted that if the victim was elderly or dependent, the sentence could increase to four years.
Examples of false imprisonment: You prevent someone from leaving by grabbing that person's arm; You lock someone in a bedroom; You tie someone to a chair.
Violating NRS 200.460 is typically prosecuted as a gross misdemeanor in Nevada, carrying a maximum of $2,000 in fines and/or 364 days in jail.
NRS § 199.120 makes it a Nevada crime to commit perjury, which is lying under oath. The statute also prohibits the subornation of perjury, which is inducing another person to lie under oath. Both perjury and subornation of perjury are category D felonies, punishable by 1 to 4 years in prison and fines of up to $5,000.
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.