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False Imprisonment laws

On Lawyer & Legal » criminal law & procedure

9,055 words with 10 Comments; publish: Sat, 20 Aug 2005 15:01:00 GMT; (800171.88, « »)

The state is: Iowa

I am wondering if anyone knows with certainty what situations warrant false imprisonment charges in the state of Iowa? I know someone who is being charged with the crime because they kept a person from leaving only for a short period of time...and for their own safety! It sounds like a travesty of justice to me, but maybe I'm just completely dense.

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  • 10 Comments
    • Quote:
      === Original Words ===

      Do you have any LEGAL basis for your statement or is just a 'warm fuzzy feel good' opinion?
      Well you posted the law in question.

      Quote:
      710.7 False imprisonment.

      A person commits false imprisonment when, having no reasonable belief that the person has any right or authority to do so, the person intentionally confines another against the other's will. A person is confined when the person's freedom to move about is substantially restricted by force, threat, or deception. False imprisonment is a serious misdemeanor.

      Obviously simply telling someone "dont go anywhere," is not "substantially restricting someone's personal freedom by either force, threat, or deception.

      Telling someone "dont go anywhere or I will kill you" would be restricting them by threat.

      Telling someone "dont go anywhere or I will get the police to arrest you" would be restrcting them by deception.

      Personally I would never settle for a reduced sentance on a crime that I did not commit. If they decide not to drop it, Jury trial all the way.

      #1; Tue, 23 Aug 2005 21:33:00 GMT
    • It's possible that they could make a "public safety" argument of some kind out of this. I'd say with a good attorney, there is a good chance of getting the charges reduced or dropped.

      But, the devil will be in the details. If the restrained party claims he was perfectly sober and implies some other motive to the defendant for not permitting him to leave, then things will get tougher.

      If the restrained person were still free to walk out the door or use the phone, and no force was used to hold them, then my experience would be that the charge wouldn't fly. But the status of the law in your state may not be the same as it is in mine.

      - Carl

      #2; Tue, 23 Aug 2005 09:05:00 GMT
    • Quote:
      === Original Words ===

      I am wondering if anyone knows with certainty what situations warrant false imprisonment charges in the state of Iowa?
      Iowa Statute:

      71 .7 False imprisonment.

      A person commits false imprisonment when, having no reasonable belief that the person has any right or authority to do so, the person intentionally confines another against the other's will. A person is confined when the person's freedom to move about is substantially restricted by force, threat, or deception. False imprisonment is a serious misdemeanor.

      #3; Sat, 20 Aug 2005 16:02:00 GMT
    • Thanks for the reply--but I know it is illegal to hold someone against their will--for any period of time. Specifically, this situation was that someone was prevented from leaving because they were highly intoxicated--they were intending to leave for a very long ROAD trip--as the driver! Aren't we continuously preaching "Friends don't let friends drive drunk?" We run continuous public service announcements to that effect. If I were trying to do something so wreckless, I would appreciate that someone cared enough to make me wait awhile (granted, probably not until much later). I know alot of parents who would have greatly appreciated someone doing that for their kids.
      #4; Sat, 20 Aug 2005 15:34:00 GMT
    • forget getting the charges reduced, plead not guilty and request yourself a jury trial.

      If no force was used and they were only told verbally to stay then I dont see how it would fly in an actual trial.

      #5; Tue, 23 Aug 2005 05:16:00 GMT
    • No. I know it's difficult to offer any advice when you can't know the entire story. I probably should never have posted anything. Without giving information that is too private, or too lengthy--these people were no longer minors. They were each barely over nineteen (shouldn't have been drinking in the first place obviously), and living on their own. In a perfect situation, you're right, it would have been pretty easy to just take the car keys in advance. Unfortunately there were so many people around during the time the drinking started, by the time the person realized what was going on, it was too late to get the keys when they would have been rational and cooperative.

      The person did not hold them there in any way, that is another reason it is so confusing. They were simply told not to leave for awhile. It infuriated the other person, who eventually did leave--and brought the police back, of all things.

      Thanks for trying to help--I do appreciate it, and will check back later to see if you have any other thoughts. The problem here is mostly that it saddens me so much. I know these people very well and feel like everything should have ended that night.

      #6; Sat, 20 Aug 2005 16:17:00 GMT
    • Quote:
      === Original Words ===

      If no force was used and they were only told verbally to stay then I dont see how it would fly in an actual trial.
      Do you have any LEGAL basis for your statement or is just a 'warm fuzzy feel good' opinion?
      #7; Tue, 23 Aug 2005 08:32:00 GMT
    • Quote:
      === Original Words ===

      Thanks for the reply--but I know it is illegal to hold someone against their will--for any period of time. Specifically, this situation was that someone was prevented from leaving because they were highly intoxicated--they were intending to leave for a very long ROAD trip--as the driver! Aren't we continuously preaching "Friends don't let friends drive drunk?" We run continuous public service announcements to that effect. If I were trying to do something so wreckless, I would appreciate that someone cared enough to make me wait awhile (granted, probably not until much later). I know alot of parents who would have greatly appreciated someone doing that for their kids.
      I have nephews that will come and stay with us during some holidays and if they choose to drink, they know they have to give me their car keys. That is usually a good way to stop them from driving.

      So it is the parents that are filing the charges for having their minor child detained?

      #8; Sat, 20 Aug 2005 16:00:00 GMT
    • Quote:
      === Original Words ===

      No. I know it's difficult to offer any advice when you can't know the entire story. I probably should never have posted anything. Without giving information that is too private, or too lengthy--these people were no longer minors. They were each barely over nineteen (shouldn't have been drinking in the first place obviously), and living on their own. In a perfect situation, you're right, it would have been pretty easy to just take the car keys in advance. Unfortunately there were so many people around during the time the drinking started, by the time the person realized what was going on, it was too late to get the keys when they would have been rational and cooperative.

      The person did not hold them there in any way, that is another reason it is so confusing. They were simply told not to leave for awhile. It infuriated the other person, who eventually did leave--and brought the police back, of all things.

      It seems like your friends intentions were in the right place. Hopefully, your friend telling will be able to get

      Thanks for trying to help--I do appreciate it, and will check back later to see if you have any other thoughts. The problem here is mostly that it saddens me so much. I know these people very well and feel like everything should have ended that night.

      As JETX posted it is a serious misdemeanor.

      A serious misdemeanor is punishable up to a year in jail and/or a fine of up to $1,000.

      If your friend wants to fight it, I would suggest that your "friend" get an attorney and hope the attorney can get the charge dropped or reduced to a simple misdemeanor.....

      #9; Sat, 20 Aug 2005 17:41:00 GMT
    • Quote:
      === Original Words ===

      What is the name of your state? Iowa

      I am wondering if anyone knows with certainty what situations warrant false imprisonment charges in the state of Iowa? I know someone who is being charged with the crime because they kept a person from leaving only for a short period of time...and for their own safety! It sounds like a travesty of justice to me, but maybe I'm just completely dense.

      False imprisonment would be detaining someone unlawfully, even if it was for a short period of time.
      #10; Sat, 20 Aug 2005 15:21:00 GMT