![]() | The examples and perspective in this article deal primarily with the United States and the United Kingdom and do not represent a worldwide view of the subject. (April 2021) |
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Criminal law |
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Elements |
Scope of criminal liability |
Severity of offense |
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Inchoate offenses |
Offense against the person |
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Sexual offenses |
Crimes against property |
Crimes against justice |
Crimes against the public |
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Crimes against animals |
Crimes against the state |
Defenses to liability |
Other common-law areas |
Portals |
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission.[1] Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus.[2]
Under common law, false imprisonment is both a crime and a tort.