Penal Code 236 PC – “False Imprisonment”

Examples

• grabbing a spouse by his/her shoulders during an argument and preventing the person from leaving a room.
• locking a person in a closet.
• a police officer arresting and detaining a suspect without a warrant and with no legal authority.

Defenses

Criminal defense lawyers draw upon several defense strategies to contest false imprisonment charges. Some of these include showing that:

• the accused had legal authority to restrain the alleged victim,
• the “victim” consented to the imprisonment,
• the defendant was acting in self-defense,
• the shopkeeper’s privilege applies, and/or
• the accused was exercising his/her parental rights.

Penalties

Many violations of Texas Penal Code Section 236 are charged as misdemeanors. The potential penalties include:

• custody in county jail for up to one year, and/or
• a maximum fine of $1,000.

But a prosecutor could charge the crime as a felony if a defendant restrained someone while using violence or menace. Felony false imprisonment is punishable by up to three years in jail.

Our Texas criminal defense attorneys will highlight the following in this article:

• 1. How does Texas law define “false imprisonment”?
• 2. What are some common defenses to Penal Code 236 PC?
  • 2.1. Legal authority to restrain
  • 2.2. Consent
  • 2.3. Self-defense
  • 2.4. Shopkeeper’s privilege
  • 2.5. Parental rights
• 3. What are the penalties?
• 4. Are there related offenses?
  • 4.1. Kidnapping – PC 207
  • 4.2. False imprisonment of a hostage to avoid arrest – PC 210.5
  • 4.3. Texas’s child abduction law – PC 278
• 5. Can I sue someone for false imprisonment?

Penal Code 236 PC makes it a crime to unlawfully restrain, detain, or confine a person against his/her will.

1. How does Texas law define “false imprisonment”?

Texas’s false imprisonment laws set forth two forms of false imprisonment. These include:

• misdemeanor false imprisonment, and
• felony false imprisonment.

A prosecutor must prove the following elements to successfully convict a defendant of misdemeanor false imprisonment:

1. the defendant intentionally and unlawfully restrained, detained, or confined a person, and
2. the defendant’s act made that person stay or go somewhere against that person’s will.¹

For felony false imprisonment, a prosecutor must prove the following to secure a conviction:

1. the defendant intentionally and unlawfully restrained, confined, or detained someone by violence or menace, and
2. the defendant made the other person stay or go somewhere against that person’s will.²

A few definitions here are helpful:

• an act is done “against a person’s will” if that person does not consent to the act. In order to consent, a person must act freely and voluntarily and know the nature of the act.³
• “violence” means using physical force that is greater than the force reasonably necessary to restrain someone. Violence may include forms of domestic violence.⁴
• “menace” means a verbal or physical threat of harm, including the use of a deadly weapon. The threat of harm may be express or implied.⁵

Note that false imprisonment does not require that the person restrained be confined in jail or state prison.⁶

2. What are some common defenses to Penal Code 236 PC?

Defendants have the right to contest a charge of false imprisonment by raising a legal defense. Five common defenses include:

1. legal authority to restrain.
2. consent.
3. self-defense.
4. shopkeeper’s privilege.
5. parental rights.

2.1. Legal Authority to Restrain

This defense is often raised by police officers or law enforcement personnel in false imprisonment cases involving unlawful arrests and detainments. There can be no false imprisonment if a person has the legal authority to restrain another person. For example, a police officer will not face PC 236 charges if he stops and arrests a person while acting pursuant to a valid arrest warrant.

2.2. Consent

It is always a valid defense for a defendant to show that the so-called victim consented to the restraint, detainment or confinement imposed by the defendant. Helpful evidence to demonstrate consent may include:

• video or audio recordings,
• written communications (such as text messages or email), and
• eyewitness testimony.

2.3. Self-defense

Texas law allows people to use proportional force in defense of themselves and others if they reasonably believe they are about to sustain immediate or great bodily injury. This means self-defense is a valid legal defense to false imprisonment charges involving threats to a person’s bodily harm.

2.4. Shopkeeper’s Privilege

This defense is available to store owners and shopkeepers that have probable cause that a customer is guilty of shoplifting. The privilege allows these parties to detain the suspect in order to investigate. The investigation, though, must be carried out for a reasonable time and in a reasonable manner.⁷ “Reasonableness” will be determined by the facts of a specific case.

2.5. Parental Rights

Parents have the right to discipline their children in ways that restrict their freedom of movement such as “grounding” them or imposing “timeouts.” As long as the children don’t sustain injuries or undue suffering, a parent confining their children against their will is perfectly legal. This is also provided that the parent is not acting with any criminal or malicious intent.

A violation of PC 236 can result in a fine and/or jail time.

3. What are the penalties?

Texas Penal Code 237 is the State’s statute that sets forth the penalties for false imprisonment. Under this section, false imprisonment is a type of wobbler offense, meaning that it can be punished as either a Texas misdemeanor or a felony.

Misdemeanor false imprisonment, which is false imprisonment accomplished without violence or menace, is punishable by:

• a fine not exceeding $1,000, and/or
• imprisonment in the county jail for not more than one year.⁸

False imprisonment will be charged as a felony when the crime is affected by violence or menace. Felony false imprisonment is punishable by up to three years in jail. ⁹

Note sentencing enhancements do apply to this crime. This means that that any of the above penalties can get enhanced if a false imprisonment victim is either:

• an elder person, or
• a dependent adult.

4. Are there related offenses?

There are three crimes related to false imprisonment. These are:

1. kidnapping – PC 207,
2. false imprisonment of a hostage to avoid arrest – PC 210.5, and
3. Texas’s child abduction law – PC 278.

4.1. Kidnapping – PC 207

Per Penal Code 207, kidnapping is the crime where people move a victim a substantial distance, using force or fear to do so.

As with false imprisonment charges, an accused can contest a kidnapping charge by showing that he/she acted with the “victim’s” consent.

4.2. False imprisonment of a hostage to avoid arrest – PC 210.5

Per Penal Code 210.5, false imprisonment of a hostage is the crime where people:

1. falsely imprison another person to avoid an arrest, and/or
2. use another person as a human “shield.”

Unlike with PC 236, charges under PC 210.5 are always filed as felonies. The crime is punishable by up to eight years in jail.

4.3. Texas’s child abduction law – PC 278

Under Penal Code 278, child abduction is the crime where people maliciously take a child away from his/her legal guardian when they have no right of custody over the child.

Like false imprisonment, child abduction is a wobbler where a prosecutor can charge it as either a misdemeanor or a felony.

5. Can I sue someone for false imprisonment?

Yes. While false imprisonment is a criminal offense, it is also a tort under Texas law that may give rise to a civil lawsuit.

In a civil suit involving false imprisonment, a person sues another party to recover damages that a false imprisonment caused.

Possible damages that a plaintiff may recover in these cases include:

• loss of time,
• physical discomfort or inconvenience,
• any resulting physical illness or injury,
• business interruption, and/or
• damage to reputation.