False Imprisonment of a Minor

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What Is ?False Imprisonment??

False imprisonment” is when a person is restrained against their own will by another without any legal justification. The person must be confined in a bounded area, without any reasonable means of escape. For example, if a person unlawfully prevents another from leaving their vehicle, it may amount to false imprisonment.

What Happens If the False Imprisonment Involves a Minor?

False imprisonment of a minor is treated very seriously. This is due to concerns with related problems such as kidnapping or parental kidnapping. The required elements of proof for false imprisonment of a minor are essentially the same as in other false imprisonment charges. 

However, there are some circumstances in which the detention of a child is justified. For example, it may be necessary to restrain the minor in order to protect them from potential violence. 

False imprisonment of a minor under the age of 17 years does NOT occur if the following conditions are met:

Additionally, the person assuming control of the child must not be acting with any criminal or malicious intent. If you are in the position where you need to detain a minor, you should make sure that you are acting within the boundaries of the law so as to avoid liability. 

Do I Need a Lawyer for False Imprisonment of a Minor?

False imprisonment of a minor is a serious issue- any questionable detentions will be subject to investigation by authorities. Laws regulating the safety and well-being of children are always enforced very strictly. Therefore, if you are involved in such charges, you should contact a lawyer for advice and possible representation in court. The expertise of an attorney may be required when defending against false imprisonment charges. 

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Last Modified: 11-14-2013 11:14 AM PST

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