New York Statutes on False Imprisonment

False imprisonment is when someone is deprived of the right to move freely.

The New York legislature has identified two types of criminal false imprisonment. First- and second-degree unlawful imprisonment involve the deprivation of a person's right to freedom of movement. A civil false imprisonment cause of action is available in New York as well, offering a victim the opportunity to sue the offender for damages suffered as a result of the imprisonment.

New York Legal Definitions

Before determining whether an act amounts to unlawful imprisonment, it is important to understand how the New York legislature defines the terms of the statutes. Most importantly, the term "restrain" carries a detailed definition relevant to acts of unlawful imprisonment. The term refers to the intentional act of restricting another person's movements so as to substantially interfere with his ability to move from one place to another. The definition requires that the offender does not have consent to the restraint and knows it is unlawful. Lack of consent is presumed when physical force, intimidation, deception or any other means is used to restrain a child or incompetent adult.

Unlawful Imprisonment

There are two degrees of unlawful imprisonment in New York. Second-degree unlawful imprisonment is simply described as restraining another person. It is a Class A misdemeanor, the highest level of misdemeanor available under the state penal code.

First-degree unlawful imprisonment involves the restraint of another and in doing so exposes the victim to the risk of serious physical injury. First-degree unlawful imprisonment is a Class E felony.

Defense to Unlawful Imprisonment

The state legislature has identified one valid defense to a charge of unlawful imprisonment. If the defendant was restraining a child younger than 16, was a relative of the victim and was trying to assume control over the child, he may have been acting legally. A relative is defined as a parent, ancestor, brother, sister, uncle or aunt.

Civil False Imprisonment

Civil lawsuits alleging false imprisonment are commonly filed within the prison and detention setting by inmates who believe they are wrongfully imprisoned in violation of their civil rights. New York courts have held that in order for an inmate to prevail on a civil false imprisonment cause of action, he must show that law enforcement held him longer than necessary and such detention was directly caused by department policy. A backlog in arraignment schedules is insufficient. The court must see repeated complaints of civil violations and deliberate indifference to civil liberties on the part of law enforcement.

References

• Law Justia; Unlawful Imprisonment Definitions; New York Legislature; 2010
• Law Justia; Unlawful Imprisonment Second Degree; New York Legislature; 2010
• Law Justia; Unlawful Imprisonment First Degree; New York Legislature; 2010
• Law Justia; Unlawful Imprisonment Defense; New York Legislature; 2010
• Google Scholar; Dupree v. City of New York; U.S. District Court S.D. New York; March 2006