False Imprisonment Flashcards

(4 cards)

1
Q

What are the elements of False Imprisonment?

A

1) Conduct by the actor which is intended to
2) And does in fact
3) “Confine” another
4) Within the boundaries fixed by the actor
5) Where the victim is either “conscious of the confinement” OR
6) Is harmed by it

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2
Q

What is Confinement?

A

1) Can include physical barriers or force, threats of physical force (implicit or explicit), false assertion of legal authority to confine & duress
2) If someone is keeping your value items and refusing to give them back to you, this is duress, and therefore F.I.
3) NO reasonable means of escape.

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3
Q

Is there a limitation on Fixed Boundaries?

A

Yes; being held in a county or country is not false imprisonment because it is too large of an area.

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4
Q

Does a certain amount of time need to pass for it to be F.I.?

A

NO; just an appreciable amount of time (1 minute? not F.I.)

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