California Penal Code Section 236 –False Imprisonment

False imprisonment is the unlawful violation of the personal liberty of another.

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant intentionally someone by violence or menace;


2. The defendant made the other person stay or go somewhere against that person’s will.

Violence means using physical force that is greater than the force reasonably necessary to restrain someone. Menace means a verbal or physical threat of harm.

False imprisonment can be charged as either a misdemeanor or a felony.