posted on Feb, 14 2009 @ 06:36 PM
reply to post by muzzleflash
You are correct, sir. It is not kidnapping, but a similar offense called 'false
'. Generally speaking, Kidnapping also involves element of false imprisonment but not the other way around.
However, false imprisonment is also a crime, though it's probably up to the D.A. to make an interpretation. A suit could be brought.
A minor point, because in reality, though it doesn't turn into classic kidnapping unless you remove the detainee from the site, I -believe-.
But detaining anyone at gunpoint could cause a charge of false imprisonment to be filed against you. Jurisdictions may vary.
It wouldn't be advisable to follow this as an example without due caution, since often the tables get turned, as unfair as that might seem.
I was recently reading a case where a homeowner detained a kid while the police were coming by holding him in his front yard and the homeowner was
charged with either kidnapping or imprisonment. Might have been because it was a kid and not an adult criminal.
[edit on 14/2/2009 by Syandos]