Unlawful restraint is a criminal charge that can be levied against you if you’re accused of restraining another person against his will. Unlawful restraint is similar to kidnapping. However, in a kidnapping case, it must be additionally alleged that you took some to another location.
In cases of unlawful restraint, all that’s required is that you have restrained the other person. If the person you’re accused of restraining is under seventeen years of age, unlawful restraint is charged as a state jail felony, with a range of punishment of 180 days to 2 years in the state jail, and a $10,000 fine. If the person allegedly restrained is over seventeen, unlawful restraint is charged as a class A misdemeanor, with a penalty range of up to one year in the county jail, and a $4000 fine.
Finally, unlawful restraint can also be charged as a third degree felony, if the person restrained is a public servant performing official duties, if you’re already in custody at the time you committed the act of unlawful restraint, or if you expose another person to a substantial risk of serious bodily injury at the time they are alleged to have been unlawfully restrained.
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