• Criminal confinement often results in incarceration.prison image by Albert Lozano from Fotolia.com
  
  Criminal confinement (also known as unlawful restraint) is generally defined as the act of confining a person or removing them from one place to another against their will. State law sometimes categorizes the law as a misdemeanor offense but it may upgrade the crime to a felony depending upon the circumstances. Law enforcement agencies are usually exempt from the law though they are potentially liable in egregious situations.
  
  

Criminal Confinement Laws by Degree of Severity

• The seriousness of a criminal confinement charge varies by circumstance. For example, Indiana law generally classifies the crime as a Class D felony. However, if the victim is under 14 or if a vehicle is used during commission of the act, the crime will be upgraded to a Class C felony. If a deadly weapon is used or if serious injury results to someone besides the offender, Indiana Law classifies it as a Class B felony. In the most severe instances, the charge may simply be changed from criminal confinement to kidnapping which carries even harsher penalties. On the other hand, in minor incidents, a district attorney may prosecute the offense as a misdemeanor and the perpetrator can avoid incarceration through fines, probation or community service.
  
  

Criminal Confinement Law Penalties

• Criminal confinement penalties vary greatly by state. In Alaska, the maximum penalty is six months incarceration. In Georgia, a judge can hand out a sentence up to 30 years. Along with jail sentences, many states also require counseling or anger management classes. A conviction in Idaho will result in suspension of a driver's license while a conviction in Massachusetts will result in cancellation of an immigrant offender's green card. Along with the broad variance of penalties by state, judges sometimes may exercise substantial discretion when pronouncing sentence. For instance, a judge in Alabama may sentence an offender from one year to life imprisonment.
  
  

Criminal Confinement by Law Enforcement Agencies

• Even though suspects in jail may be held against their will, policemen are exempt from criminal confinement laws as long as they perform their duties in good faith. However, if a law enforcement agent decided to arrest someone for fun or revenge, he could be charged with criminal confinement. If the district attorney does not decide to prosecute, a law enforcement agent could still be tried for the offense in a civil case. For example, a lawsuit was against several Chicago police officers after they mistakenly imprisoned someone for the murder of his mother. Beyond the state level, some international law experts also have questioned whether the United States may hold terrorism suspects indefinitely without a trial or if this practice constitutes criminal confinement.