Which description best captures the second form of false imprisonment in NY (knowledge that confinement is unlawful) ?

Which description best captures the second form of false imprisonment in NY (knowledge that confinement is unlawful) ?

• A. The unlawful confinement of a person without consent
• B. Unlawfully restraining another without consent, but with knowledge it is unlawful
• C. The act of detaining someone briefly with permission
• D. The taking of property by force

Answer: (B)

The mental state required for the second form of false imprisonment in New York is knowledge that the confinement is unlawful. False imprisonment is about intentionally restraining a person without consent or legal justification, and in the second form the key factor is awareness that what you’re doing is illegal. The description that fits best says unlawfully restraining another without consent, but with knowledge it is unlawful, because it includes both the unlawful restraint and the knowing stance about its illegality. The other descriptions miss either the knowledge element, or involve permission (which negates false imprisonment), or describe a different crime altogether (taking property by force).

The mental state required for the second form of false imprisonment in New York is knowledge that the confinement is unlawful. False imprisonment is about intentionally restraining a person without consent or legal justification, and in the second form the key factor is awareness that what you’re doing is illegal. The description that fits best says unlawfully restraining another without consent, but with knowledge it is unlawful, because it includes both the unlawful restraint and the knowing stance about its illegality. The other descriptions miss either the knowledge element, or involve permission (which negates false imprisonment), or describe a different crime altogether (taking property by force).