In many false imprisonment cases, the main issue in the case is whether the alleged vicitm consented to the confinement. If so, then the false imprisonment did not occur because the detention or restraint must be against a person’s will.
Iowa Code section 710.7 provides, in part, “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 Attorney in Des Moines
If you were charged with false imprisonment or any related offense then contact the experienced criminal defense attorneys at McCarthy & Hamrock, P.C.. We represent clients for serious felonies such as kidnapping and false imprisonment throughout the greater Des Moines-Newton-Pella area including Polk County, Dallas County, Warren County, Madison County and Guthrie County.
Overview on False Impriosnment in Iowa
- Elements of Criminal False Imprisonment in Iowa
- The Tort of False Imprisonment
- Finding an Attorney for False Imprisonment Charges in Polk County
Elements of Criminal False Imprisonment in Iowa
The criminal offense of False Imprisonment is contained in Iowa Code section 710.7. The standard jury instruction for false Imprisonment is found at 1000.8. The standard jury instruction provides for the following three elements that must be proven at trial beyond all reasonable doubt:
- The defendant intentionally confined another person;
- That person was was confined against his or her will.
- The defendant did not have a reasonable belief that he or she had a right or authority to confine the person.
If the State has proved all of the elements, then the defendant is guilty. If the State has failed to prove any one of the elements, then the defendant is not guilty. Related offenses include the more serious offense of kidnapping. Other related charges can include child stealing under section 710.5 and violating a custodial order under Iowa Code section 710.6.
The term confines or removes in defining kidnapping under section 710.1 requires no minimum period of confinement or distance of removal, but does require more than the confinement or removal that is an inherent incident of commission of the crime. See State v. Misner, 410 N.W.2d 216, 222 (Iowa 1987).
The Tort of False Imprisonment
In civil cases for money damages, the tort of false imprisonment involves “an unlawful restraint on freedom of movement or personal liberty.“ Ette ex rel. Ette v. Linn–Mar Cmty. Sch. Dist., 656 N.W.2d 62, 70 (Iowa 2002). Two essential elements include:
- detention or restraint against a person’s will, and
- unlawfulness of the detention or restraint.
Id. (citation omitted). The Restatement (Second) of Torts § 45A at page 69 (1965) provides “one who instigates or participates in the unlawful confinement of another is subject to liability to the other for false imprisonment.” See Craig v. City of Cedar Rapids, Iowa, 826 N.W.2d 516 (Iowa Ct. App. 2012).
Finding an Attorney for False Imprisonment Charges in Polk County
After an arrest for false imprisonment or kidnapping, call an aggressive criminal defense attorney at McCarthy & Hamrock, P.C.. We use our talent and passion to fight for our clients charged with these felony charges in the greater Des Moines-Newton-Pella area and throughout the State of Iowa.