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As stated previously, consent is a potential failure of proof or affirmative defense to kidnapping and false imprisonment in some jurisdictions. Another potential defense is lawful authority to execute the kidnapping or false imprisonment. Thus when a law enforcement officer or a citizen lawfully arrests a defendant, he or she is not committing kidnapping or false imprisonment. By the same token, if an arrest is executed unlawfully, it might be kidnapping, false imprisonment, or another related offense.
Figure 10.10 Diagram of Defenses to Kidnapping and False Imprisonment
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