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Criminal False Imprisonment — Louisiana

The Crime of False Imprisonment in Louisiana

Under the law, there are two types of false imprisonment:  1) Civil False Imprisonment, which is known as a tort (civil wrong) and 2) Criminal False Imprisonment, a criminal offense.  Naturally, I am going to discuss the criminal offense, since this is a criminal defense attorney blog.

People usually want to know if false imprisonment is a felony or a misdemeanor offense.  The answer to this questions depends on the statute under which the individual is charged and the facts surrounding the incident.

Under La. R.S. 14:46, false imprisonment is defined as “the intentional confinement or detention of another, without his consent and without proper legal authority.”  Whoever commits this offense shall be fined not more than $200.00 and imprisoned for not more than 6 months, or both.  This offense is a misdemeanor.

Under La. R.S. 14:46.1, false imprisonment is defined as “the intentional confinement or detention of another while the offender is armed with a dangerous weapon.”  Whoever commits this offense shall be imprisoned, with or without hard labor, for no more than 10 years.  This crime is a felony — but it is probatable, meaning the judge may suspend the offender’s sentence and sentence the offender to probation.

Noteworthy

Empresa no segmento Institucional seleciona Advogado (a)

Anyone who is convicted of False Imprisonment (with or without a weapon) of a victim who is under the age of 18 will have to register as a Sex Offender for 15 years, to be updated annually.

Legal Assistance

If you or a loved has been charged with false imprisonment, contact dwi attorney new orleans to schedule a case evaluation.  We look forward to helping you! 

Readmore Second Degree Rape / Forcible Rape — Louisiana Law


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