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False Imprisonment vs. Kidnapping

By Neil Shous, Esq.

Penal Code 236 PC California?s false imprisonment law and Penal Code 207 PC California?s kidnapping law are frequently confused and commonly misunderstood. Many people believe that Penal Code 236 PC California?s false imprisonment law necessarily involves incarceration in a jail or prison. Although false imprisonment may involve such circumstances, it generally doesn?t. Simply put, false imprisonment occurs when you detain, restrain, or confine someone against their will. Felony false imprisonment takes place when you use force or fear to accomplish the detention, confinement, or restraint. Kidnapping doesn?t necessarily mean taking a child away from his/her parent (although it could). It takes place when you use force or fear to move any person a substantial distance...continue to full post

Full post as published by California Criminal Defense Blog on June 17, 2010 (boomark / email).