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WHAT IS FALSE IMPRISONMENT IN NEVADA?
False imprisonment is the unlawful violation of the personal liberty of another person — restraining someone against their will without legal authority to do so. Unlike kidnapping, false imprisonment does not require moving the victim.
WHAT THE PROSECUTION MUST PROVE
To convict you of False Imprisonment in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant restrained or confined another person
The restraint was against the victim's will
The defendant had no legal authority to restrain the victim
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR FALSE IMPRISONMENT IN NEVADA
False Imprisonment (No Violence)
Gross misdemeanor. Up to 364 days in jail and/or up to $2,000 fine.
False Imprisonment by Violence or Menace
Category B or C felony. 1 to 5 years in prison.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending false imprisonment charges
False imprisonment often arises in domestic situations — blocking someone from leaving a room or a car. Context matters enormously in these cases.
Security guards and store employees sometimes face false imprisonment claims when detaining suspected shoplifters. Nevada's merchant privilege law provides a defense if the detention was reasonable and based on probable cause.
False imprisonment is frequently charged alongside battery or assault in domestic violence cases. Resolving the underlying domestic violence charge often resolves the false imprisonment charge as well.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO FALSE IMPRISONMENT
Every case is unique, but these are the defenses most commonly raised in false imprisonment cases in Nevada:
Consent — the person voluntarily remained
Legal authority — lawful citizen's arrest or merchant privilege
No actual restraint — the person was free to leave
De minimis restraint — too brief or minor to constitute the offense