What is unlawful restraint?

Unlawful restraint is the act of confining or restraining someone against their will, without legal authority. It can involve the use of force, threats, or deception, and can occur in a variety of settings such as homes, cars, or public places.

Unlawful restraint can be charged as a criminal offense and penalties can vary depending on the severity of the offense and the jurisdiction in which it occurred. It is typically considered a misdemeanor, but can be elevated to a felony if the victim is a minor or a vulnerable adult, or if the act involves aggravating factors such as the use of a weapon.

Common examples of unlawful restraint include holding someone against their will in a room, locking someone up in a cage, tying them up, or holding them at gunpoint. It is important to note that consent is a key factor in determining if a person has been unlawfully restrained. If the person has given their consent, then the act is not generally considered unlawful.