Thursday, February 4, 2010

What is the difference between the crimes of kidnapping and false imprisonment?

Kidnapping requires that you take a person away.... transport them in some manner without the right to do so or their consent. It is always a crime and never involves monetary damages.





False imprisonment does not.... require taking a person away... merely that you are confining them without consent. For example, if you are a little old lady walking out into the enclosed entry way and a man comes in.... closes the door behind her and locks it.... and then closes the door in front of her and stands in the way blocking her from either leaving or proceeding.... that is false imprisonment. He has no authority to keep her there so even though she walked into the entry way of her own free will.... keeping her there against her will is false imprisonment.





It is a tort (you can get $ damages)... and can be a crime

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