mon law or by statute.97 In Kansas, however, such a combination has been held a misdemeanor by virtue of a stat

§ 290. Definition.-False imprisonment is the act of unlawfully detaining a person.

East says, "False imprisonment

*

is described to be every restraint of a man's liberty under the custody of another, either in a gaol house, stocks, or in the street, wherever it is done without a proper authority." Bishop's definition is: "False imprisonment is any unlawful restraint of one's liberty whether in a place set apart for imprisonment generally or used only on the particular occasion, and whether between walls or not, effected either by physical forces actually applied or by words and an array of such forces." By statute in Illinois it is defined as "an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority."

§ 291. A battery not essential.-As a general rule false imprisonment includes an assault and battery. A battery,

1 East P. C., ch. ix.

22 Bish. New Crim. L. (8th ed.), § 748. See also Smith v. Clark, 37 Utah 116, 106 Pac. 653, Ann. Cas. 1912 B, 1366, 26 L. R. A. (N. S.)

953; Tryon v. Pingree, 112 Mich. 338, 70 N. W. 905, 37 L. R. A. 222, 67 Am. St. 398n.

3 Illinois: Hurd's Rev. Stat. (1916), ch. 38, § 95.

however, is not essential. On the other hand, there can not be false imprisonment without at least a technical assault.5

§ 292. Submission against the will essential.-The injured party must submit to the offender's will, and he must do so against his own will. Where a person of his own free volition remains where he is, though at liberty to go if he desires, the offense is not committed. And where a person is decoyed from his home by a mere ruse the fraud does not constitute false imprisonment.8

§ 293. Intent-Malice-Motive.-To constitute an act false imprisonment it is essential that the wrongdoer intends to detain the injured party, and also that the latter so understands his intent."

Malice, however, is not an essential element of this crime. Moreover, the wrongdoer's motive is immaterial. Thus, where a peace officer arrests a person under a warrant that is void on its face, he is guilty of false imprisonment, although he acts in good faith in the belief that the warrant is valid. 10

294. Place of imprisonment immaterial.—False imprisonment can be committed anywhere. Thus, it can be committed in the street, or in a field or woods, as well as in a jail or private house.11

4 Colter v. Lower, 35 Ind. 285, 9 Am. Rep. 735.

5 Bl. Comm. 137; Pike v. Hanson, 9 N. H. 491; State v. Lunsford, 81 N. Car. 528.

Floyd v. State, 12 Ark. 43, 54 Am. Dec. 250; State v. Lunsford, 81 N. Car. 528.

7 Kirk v. Garrett, 84 Md. 383, 35 Atl. 1089; Hill v. Taylor, 50 Mich. 549, 15 N. W. 899.

8 State v. Lunsford, 81 N. Car.

9 Limbeck v. Gerry, 15 Misc. 663, 39 N. Y. S. 95.

10 Rich v. McInerny, 103 Ala. 345, 15 So. 663, 49 Am. St. 32; Comer v. Knowles, 17 Kans. 436; Holmes v. Blyler, 80 Iowa 365, 45 N. W. 756.

113 Bl. Comm. 127; People v. Wheeler, 73 Cal. 252, 14 Pac. 796; Floyd v. State, 12 Ark. 43, 54 Am. Dec. 250.

§ 295. Mode of detention immaterial,-No particular mode of detention is necessary. Actual force is not essential, nor even a touching of the person. Threats may be sufficient from a known officer.12 Thus, where an officer, without legal authority, arrests a person by merely telling him he is under arrest the officer is guilty of false imprisonment. 13 False statements of the law may be sufficient.1

§ 296. Detention must be unlawful.-It is essential, however, that the detention be unlawful. No person can be guilty of false imprisonment who restricts another's liberty lawfully.15

§ 297. Restraint by parent or teacher.-To constitute false imprisonment, restraint of a child by its parent or teacher, or by a person in loco parentis, must be so immoderate and unreasonable as to be unlawful. The law gives parents a large discretion in the exercise of authority over their children. This is true, but this authority must be exercised within the bounds of reason and humanity. If the parent commits wanton and needless cruelty upon his child, either by imprisonment of this character or by inhuman beating, the law will punish him.16

12 Hebrew v. Pulis, 73 N. J. L. 621, 64 Atl. 121, 7 L. R. A. (N. S.) 580, 118 Am. St. 716n.

13 Smith v. State, 7 Humph. (Tenn.) 43; Pike v. Hanson, 9 N. H. 491; State v. Lunsford, 81 N. Car. 528.

14 Whitman v. Atchison, etc., R. Co., 85 Kans. 150, 116 Pac. 234, 34 L. R. A. (N. S.) 1029, Ann. Cas. 1912 D, 722.

15 State v. Hunter, 106 N. Car. 796, 11 S. E. 366, 8 L. R. A. 529n; Winchester v. Everett, 80 Maine 535, 15 Atl. 596, 1 L. R. A. 425, 6 Am. St. 228.

16 Fletcher v. People, 52 Ill. 395. (Father indicted for the false imprisonment of his child, a blind and helpless boy, in a cold and damp cellar, without fire, during several days in mid-winter, the excuse given by the father for so doing being that the boy was covered with vermin. Held: Such treatment of a child by his parent is wanton, inhuman and needless cruelty, and renders the parent criminally liable for false imprisonment.)

§ 298. Abuse of authority by officer.-An officer may render himself criminally liable for false imprisonment by abusing his authority. Thus, where an officer makes an arrest without a warrant, or under a warrant void on its face, and a valid warrant is essential, he is criminally liable for false imprisonment.17 Where an officer executes a valid warrant at a time prohibited by statute, as on Sunday, he is also criminally liable.18 Moreover, an officer who unduly detains a prisoner, who has been lawfully arrested renders himself liable for false imprisonment; 19 or who unlawfully refuses to release a prisoner on bail,20 or holds him an unreasonable time before taking him before a justice for examination or trial, is liable for false imprisonment.21 A special officer in the employ of a corporation, may render the corporation liable for arrest beyond the extent of his authority.22

§ 299. Nature of the offense.- False imprisonment is both a tort and a crime. For the private injury an action lies for damages against the wrongdoer. For the public wrong he is subject to indictment.23

At common law false imprisonment is a misdemeanor; and usually by statute it is also a misdemeanor.24

17 State v. Hunter, 106 N. Car 796, 11 S. E. 366, 8 L. R. A. 529n; Winchester v. Everett, 80 Maine 535, 15 Atl. 596, 1 L. R. A. 425, 6 Am. St. 228. See also Rush v. Buckley, 100 Maine 322, 61 Atl. 774, 70 L. R. A. 464, 4 Ann. Cas. 318.

18 3 Bl. Comm. 127.

19 Bath v. Metcalf, 145 Mass. 274, 14 N. E. 133, 1 Am. St. 455; Price v. Tehan, 84 Conn. 164, 79 Atl. 68, 34 L. R. A. (N. S.) 1182n, Ann. Cas. 1912 B, 1183.

20 Manning v. Mitchell, 73 Ga. 660. See also Cargill v. State, 8 Tex. App. 431.

21 Twilley v. Perkins, 77 Md. 252, 26 Atl. 286, 19 L. R. A. 632n, 39 Am. St. 408; Blocker v. Clark, 126 Ga. 484, 54 S. E. 1022, 7 L. R. A. (N. S.) 268n, 8 Ann. Cas. 31.

22 Taylor v. New York, etc., R. Co., 80 N. J. L. 282, 78 Atl. 169, 39 L. R. A. (N. S.) 122.

23 4 Bl. Comm. 218; Commonwealth V. Blodgett, 12 Metc. (Mass.) 56; Campbell v. State, 48 Ga. 353.

24 Slomer v. People, 25 Ill. 70, 76 Am. Dec. 786; People v. Wheeler, 73 Cal. 252, 14 Pac. 796.