Louisiana False Imprisonment and Kidnapping Attorney

What is False Imprisonment?

Louisiana state statutes defines the crime of False Imprisonment as the following:

“A. False imprisonment is the intentional confinement or detention of another, without his consent and without proper legal authority.

1. Whoever commits the crime of false imprisonment shall be fined not more than two hundred dollars, or imprisoned for not more than six months, or both.”

There is an adjacent statute, 14:46.1, which is the same crime only with an enhancement of using a deadly weapon in the commission of false imprisonment. While false imprisonment is similar to kidnapping, it’s important to note the distinction.

False Imprisonment vs. Kidnapping

Kidnapping is very similar to false imprisonment but there are some differences between the two charges. According to Louisiana state statutes, kidnapping is defined as the following:

“The intentional and forcible seizing and carrying of any person from one place to another without his (or her) consent. Whoever commits the crime of simple kidnapping shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than five years, or both.”

While similar, the key distinction here is the movement of the victim from one place to another. It’s important to note the difference. If this still seems unclear, the following examples illustrate both crimes in a real-world context.

• False Imprisonment: Two people share an apartment. They get into an argument. One of them wants to leave the apartment, but the other stands in front of the door and refuses to let them go. This is false imprisonment.
• Kidnapping: Using force, coercion, or other means, one of the roommates restrains the other and transports them from that location to someplace else. This happens after the first roommate tells the other that in order to be freed from their custody, they have to provide full access to their financial accounts.

The key distinction is that false imprisonment does not involve the moving of another person, and it doesn’t necessarily involve the threat of force or coercion to extract something of value. Kidnapping can be expressed through the following equations:

1. False Imprisonment + Involuntary moving of victim = Kidnapping 
2. False imprisonment + commission of another crime dependent upon the false imprisonment = Kidnapping

These subtle differences alter the entire dynamic of the crime. While false imprisonment carries different punishments, it’s still a serious crime and requires the assistance of an experienced criminal defense attorney in Louisiana.