Why Is Illegal Detention A Crime?

Illegal detention is willfully, deliberately and intentionally confining another human person without legal authority and consent. The offender apprehended, arrested or confined another individual with direct intent and without reasonable ground to do so. There is unlawful exercise of right and voluntary restrain. Detention may also be applicable to property or objects when persons confiscates or withholds property from the legal owner without consent or reason.

What Constitutes Illegal Detention?

The offense is considered a legal tort in most circumstances with the presence of these elements.

1. Intent. The offender had plans and intentions to confine another person against their will. Negligent false imprisonment can occur if bodily harm is acquired due to the confinement.

2. The act. An actual action is done by the offender to fulfill the intent.

3. Confinement. Another individual is confined within a limited area against his or her will.

4. Escape. There is no reasonable means of escape for the confined individual. This means that the methods used to confine the individual can cause bodily harm or death if breached.

5. Awareness. The confined individual has to be aware of the circumstances that he was intentionally detained against his will. Some statutes however, do not consider this element.

6. Legal authority. The offender had no legal authority or right to detain the other individual.

Can It Possibly Be Legal?

Detention can be legal in some circumstances when the detainer has legal rights and authority to hold another individual temporarily providing reasonable means of confinement. A detainer can legally detain another individual if he suffices beyond reasonable doubt that there was authority of law in confining, consent from the confined individual or willful detention in the part of the other individual. In some cases, it is legal for individuals without due authority from the law to detain another individual provided that there was reasonable ground for the action.

There are some remedies for unlawful detention. If any person enters or has entered in a peaceable manner into any lands or tenements when the entry is lawful and after the expiration of the person's right continues to hold them against the consent of the party entitled to possession, the party so entitled to possession is entitled to the summary procedure at any time within three years after the possession has been withheld from the party against his or her consent. This section shall not apply with regard to residential tenancies.

If there is probably cause to believe that a crime has been committed, an individual whether enforced by law or not can temporarily detain another individual. Also, if there is reasonable suspicion that the person has been, is or is about to be engaged in criminal activity based on particular evidences and interferences, the detention can be considered lawful.

Penalties For Illegal Detention

Offenders can be penalized in fines and imprisonment. Fines can range anywhere from $100 to $10,000 depending on severity and conditions of confinement. Imprisonment period can last from thirty days to six months. Penalties can be graver if the confined individual incurred injuries from the illegal detention.

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