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False Imprisonment For Shoplifting In Nevada
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Multi-State
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US-000280
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FAQ
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 include fines, community service, and possibly jail time up to six months. Felony Shoplifting (Grand Larceny) involves the theft of items valued at $1,200 or more. Penalties can include significant fines, restitution, and prison sentences ranging from 1 to 10 years.
Under California law, being accused of stealing without any evidence or reasonable suspicion can be considered defamation or false accusation.
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.
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.
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.
Even if probable cause does exist, if the store owner detains the plaintiff for too long or in an unreasonable or excessive manner, liability for false imprisonment is still a real possibility. Learn more about intentional tort personal injury cases.