Section 377 of the Penal Law provides: one who arrests or imprisons a person unlawfully is liable to up to 3 years of imprisonment.
What is false imprisonment?
Section 377 of the Penal Law provides: one who arrests or imprisons a person unlawfully is liable to up to 3 years of imprisonment. The offense protects one of the most basic rights: freedom of movement. "Imprisonment" does not require a locked room: it is enough to deprive a person of freedom of movement in any way, locking a door, blocking an exit with a vehicle, physical restraint, and even a threat that prevents a person from leaving.
Where does the offense arise in practice?
False imprisonment appears in a variety of surprising contexts: domestic disputes in which one party prevents the other from leaving the home or the car; guards and security officers who detained a theft suspect beyond their authority; employers who prevented an employee from leaving until he would "confess"; and parents in custody battles. It is important to know: a citizen's authority to detain is very limited by law, and exceeding it turns the person detaining into an offender.
False imprisonment as part of a broader charge
In serious cases, false imprisonment is joined by kidnapping, assault, extortion, and sexual offenses, and it is used by the prosecution to intensify the severity of the indictment. The distinction between false imprisonment and kidnapping (punishable by 10 to 20 years of imprisonment) is sometimes fine and depends on the question of transfer from place to place, and this distinction has enormous implications for sentencing. Challenging the charge section is a central defense tool.
Legal representation
Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents suspects and defendants in offenses against liberty, and works for the correct classification of the charge and reducing exposure. Contact us for an initial consultation with no obligation.
What is false imprisonment?
Section 377 of the Penal Law provides: one who arrests or imprisons a person unlawfully is liable to up to 3 years of imprisonment. The offense protects one of the most basic rights: freedom of movement. "Imprisonment" does not require a locked room: it is enough to deprive a person of freedom of movement in any way, locking a door, blocking an exit with a vehicle, physical restraint, and even a threat that prevents a person from leaving.
Where does the offense arise in practice?
False imprisonment appears in a variety of surprising contexts: domestic disputes in which one party prevents the other from leaving the home or the car; guards and security officers who detained a theft suspect beyond their authority; employers who prevented an employee from leaving until he would "confess"; and parents in custody battles. It is important to know: a citizen's authority to detain is very limited by law, and exceeding it turns the person detaining into an offender.
False imprisonment as part of a broader charge — what is important to know?
In serious cases, false imprisonment is joined by kidnapping, assault, extortion, and sexual offenses, and it is used by the prosecution to intensify the severity of the indictment. The distinction between false imprisonment and kidnapping (punishable by 10 to 20 years of imprisonment) is sometimes fine and depends on the question of transfer from place to place, and this distinction has enormous implications for sentencing. Challenging the charge section is a central defense tool.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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