In many jurisdictions, false imprisonment, also called felonious restraint, is a lesser included offense of kidnapping. This means that the crime of false imprisonment is missing one or two of the kidnapping elements and is graded lower than kidnapping. Often, false imprisonment functions as a partial defense to kidnapping because of the less serious sentencing options. In general, false imprisonment and felonious restraint under the Model Penal Code require confinement but not asportation (Model Penal Code §212.2). In some jurisdictions, false imprisonment requires only general intent or knowingly to commit the criminal act, rather than the specific intent or purposely to commit other crimes, harm the victim, or receive a ransom. False imprisonment does not require movement and has a lower level of intent, so it is generally graded as a gross misdemeanor or a low-level felony. The Model Penal Code grades felonious restraint as a felony of the third degree (Model Penal Code § 212.2). Factors that can aggravate grading of false imprisonment are the youth of the victim or the use of force or violence to carry out the criminal act.
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