Last Updated on February 21, 2025
False imprisonment is one of the more easily understood sections of the California penal code as it involves illegally detaining someone against their will. Though the offense, as defined under California Penal Code section 236 (PC), is relatively straightforward, things can get confusing when distinguishing between this charge and the similar crimes of domestic violence, kidnapping, human trafficking, or child abduction. You could even be charged with a distinct felony, 210.5 (PC), if the false imprisonment involved taking a hostage. If you have been accused of holding someone against their will for any reason, call a false imprisonment defense attorney as soon as possible.
What is False Imprisonment Under 236 (PC)?
Contrary to the name, false imprisonment does not require someone to be put in jail or even physically restrained. You can even be guilty of this crime if you take them somewhere against their will. The offense is defined very simply under Penal Code 236 (PC), which states, “false imprisonment is the unlawful violation of the personal liberty of another.” In practice, this means that when someone illegally detains, restrains, or confines someone else and then makes the victim either go somewhere or stay somewhere against their will, they have violated the law.
The most common situation where people are charged with false imprisonment is in domestic violence situations where the alleged perpetrator doesn’t let the victim go or leave the residence.
The Three Elements of False Imprisonment
For someone to be guilty of false imprisonment in California, the prosecution must be able to prove that the detention was:
- willful
- done without the victim’s consent
- illegal
These elements are important in distinguishing this crime from other activities. For example, if a business owner accidentally detained another person by locking their shop’s doors without realizing someone was still inside, it would not be a crime because they did not act willfully. Alternatively, if someone participates in bondage play with their partner and consents to being tied up, it would be completely legal.
The third element excludes legal detentions, such as police traffic stops and citizens’ arrests. Without this section of the law, security guards could be accused of false imprisonment any time they stopped someone for shoplifting.
Penal Code 210.5 (PC): Taking a Hostage
When false imprisonment is performed to protect someone from being arrested or to use the victim as a human shield, the crime is a felony. These charges can be applied whether they involve taking a hostage on a high-speed chase, threatening to hurt someone to avoid arrest, or using someone as a human shield to avoid getting shot by the police.
False Imprisonment Penalties
Whereas false imprisonment is defined under 236 (PC), California law spells out the sentence under 237 (PC). This offense is known as a wobbler, meaning it can be charged as a felony or misdemeanor. When no violence or threats were used to make the victim comply, the charge is a misdemeanor, punishable by no more than one year in county jail.
When false imprisonment is achieved with violence or threats, it is no longer a wobbler but a non-reducible felony. As a felony, the maximum penalty is three years in state prison. In cases where the victim was an elderly individual or dependent adult though, the sentence can be up to four years, or five years if the victim suffered any injuries.
You can also face civil penalties for false imprisonment if the victim chooses to sue you, which frequently happens in cases where police abuse their powers and detain someone illegally.
Sentencing is higher in cases charged under 210.5 (PC). If someone performed false imprisonment involving a hostage, they can be sentenced to up to eight years in prison. This offense is considered a violent felony and will always add a strike to your record under the state’s three-strikes law.
How a hostage is treated can also impact the potential sentence. For example, if the victim suffered great bodily harm, the penalty could be subject to an additional 3 to 6 years.
What are the Best Defenses to These Charges?
Your attorney may use many different defenses to fight these allegations, but each case requires a strategy specifically tailored to the situation. Sometimes, the best move is for your lawyer to negotiate a plea bargain to minimize the sentence or charges you may face. In many cases, false imprisonment charges are used in plea bargains for kidnapping or human trafficking cases so the defendants can face lesser penalties. Given that the maximum penalty for kidnapping is eight years and human trafficking’s maximum punishment goes up to 12 years, a three-year sentence for false imprisonment is a significant improvement.
It is sometimes possible to fight these charges, but the right defense will always vary based on your unique circumstances. One of the best ways to do this is to argue that the prosecution cannot prove all three elements of its case, meaning that they cannot show the false imprisonment was willful, nonconsensual, and illegal. In false imprisonment cases involving the use of a hostage, the prosecution must also show the defendant was trying to avoid arrest, so the charges do not apply when there was no threat of arrest.
Other defenses include arguing that you were the victim of false allegations, wrongful identification, or police misconduct. Always speak with a lawyer before attempting any defense against charges for these charges, as it is easy to say something that could damage your case accidentally.
Related Offenses
Many people charged with false imprisonment may also face similar charges. One of the most common charges filed alongside false imprisonment is domestic violence, which occurs when the victim was a romantic or intimate partner of the defendant. While domestic violence charges can be filed under multiple penal codes, those convicted of these offenses will almost always be subject to a restraining order and be required to attend batterer intervention classes.
If you take a hostage by force or fear and then travel a substantial distance, you may also be charged with kidnapping. Most kidnapping charges are punishable by up to 8 years in prison; however, if the victim is under 14, the offense goes up to 11 years. Kidnapping may occasionally be punishable by life imprisonment if the crime is serious enough to be considered aggravated kidnapping because the victim was injured, ransomed, or taken as part of an attempted robbery, carjacking, sexual assault, or murder.
Some false imprisonment cases are also charged along with human trafficking if the victim was used for forced labor or sexual purposes. Human trafficking is a very serious, strikable offense, punishable by up to 12 years in most cases, or 20 years when it was performed for sexual purposes.
You may also be charged with battery if you use force or violence against the victim. If convicted, this offense could leave you in prison for another four years if the crime is charged as a felony, or up to a year if the offense is filed as a misdemeanor.
Lastly, if the victim died as a result of your actions, you could face murder charges under the state’s felony murder rule, even if you did not intentionally kill them.
Frequently Asked Questions
What is the Difference Between False Imprisonment and Kidnapping?
Many people mistake false imprisonment and kidnapping, but they are two very distinct laws. Kidnapping requires the victim to be transported a significant distance through the use of force or fear (or when the victim is 14, through the use of fraud). However, false imprisonment places no restrictions on the transportation of the victim, as long as they are detained, confined, or restrained illegally. Additionally, many kidnappings are done for the purpose of ransoming the victim, whereas false imprisonment is not.
How is Human Trafficking Different from False Imprisonment?
Both human trafficking and false imprisonment involve depriving someone of their personal liberty. However, false imprisonment is a lesser crime because human trafficking involves denying someone their freedom to obtain forced labor or services or with the intent to violate child pornography, pimping and pandering, extortion or blackmail, or any other laws involving commercial sex acts or the exploitation of children.
Can a Parent Charges for Face False Imprisonment?
It is legal for a parent to detain their minor child for disciplinary or safety purposes, meaning a mother can legally put her child on time out, and a father can keep his child indoors on a rainy day without worrying about criminal charges. However, when the detainment puts the child’s safety at risk or is done for an unlawful purpose, the parent could still face charges.
Is False Imprisonment a Strike?
No, it is not a strikable offense under California’s three strikes law. Cases that involve the use of a hostage are filed under a different penal code than most false imprisonment charges (210.5 (PC)), and this offense will add a strike to an offender’s record.
Always discuss your case with your attorney before speaking to the police so you can determine the correct approach to the charges before you risk saying something that might hurt your case. If you have been accused of false imprisonment, please call criminal lawyer Peter M. Liss at (760) 643-4050. He offers free initial consultations at his office, located right across the street from the North County San Diego courthouse and jail in Vista.
