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Physically restraining a person from leaving an area. Locking the doors of a room to prevent escape. Store owner detaining a suspected theft for an unreasonable amount of time. A robber enters a store, waves his gun and tells people not to leave.
First degree kidnapping (CRS 18-3-301) is taking someone for ransom, while second-degree kidnapping (CRS 18-3-302) comprises all other unlawful takings. The punishment for first-degree kidnapping turns on whether the victim was harmed or threatened.
A person commits false imprisonment when they engage in the act of restraint on another person which confines that person in a restricted area. False imprisonment is an act punishable under criminal law as well as under tort law.
Penal Code § 236 PC defines the California crime of ?false imprisonment? as unlawfully restraining, detaining, or confining a person against his or her will. The offense can be charged as either a misdemeanor or felony and is punishable by up to three years in jail.
Section 18-3-302(2), C.R.S. Provides That Any person who takes, entices, or decoys away any child not his own under the age of eighteen years with intent to keep or conceal the child from his parent or guardian or with intent to sell, trade, or barter such child for consideration commits second degree kidnapping.
The crime of False Imprisonment is defined as intentionally restricting the movement of another person without his or her consent and without legal authority. Examples could be putting someone in a headlock, not allowing them to pass, locking them in a room, or simply blocking their exit.
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. Note, however, that if the person consented to any of these acts, it wouldn't be false imprisonment.
Second degree kidnapping. (1) Any person who knowingly seizes and carries any person from one place to another, without his consent and without lawful justification, commits second degree kidnapping.