What is unlawful restraint 2nd degree?

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asked Nov 29, 2021 in Law Enforcement/Police by Medlock12334 (8,940 points)
What is unlawful restraint 2nd degree?

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answered Nov 29, 2021 by Sethbulocks (3,080 points)
Unlawful restraint 2nd degree is a Class A misdemeanor punishable by up to 1 year in jail and a fine of up to $1,000.00

Unlawful restraint happens when one person knowingly and intentionally restrains another person without that person's consent and without legal justification.

What is Unlawful Restraint in the First Degree?

The statute defines unlawful restraint 1 as a situation where a person restrains another person under circumstances which may cause the person substantial risk of physical injury.

Unlawful restraint is different from the act of kidnapping as kidnapping requires both the unlawful restraint of the persona and also physically moving the person from one location to another.

The difference between the two crimes is the fact that unlawful restraint only requires the offender to restrict the victims freedom, while kidnapping requires a person to have actually abducted the victim.

Holding someone against their will is a crime.

if you have no legal authority to hold that person against their will then it's a crime.

Holding someone against their will without legal authority to do so is called False Imprisonment.

False imprisonment occurs when a person (who doesn't have legal authority or justification) intentionally restrains another person's ability to move freely.

This can also be called unlawful imprisonment in the first degree and is detailed in the penal code for your state.

The act of false imprisonment does not need to be done forcibly or through intimidation.

Can you legally restrain someone?

If only threatened force is used to confine a victim, the victim must have a reasonable apprehension or fear of the threatened force.

Unlawful.

You cannot unlawfully restrain someone if you have the legal authority to confine the person.

However, it is up to a court to determine lawfulness.

Kidnapping occurs when a person, without lawful authority, physically moves another person without that other person's consent, with the intent to use the abduction in connection with some other nefarious objective.

False imprisonment, on the other hand, gives rise to a civil claim for damages.

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