Legal Question in Criminal Law in Michigan

unlawful imprisonment

IF a person is in the car with you and you tell them where you are going and they don't get out, but then don't want to be where you are at is that unlawful imprisonment?


Asked on 10/21/08, 8:43 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: unlawful imprisonment

Unlawful Imprisonment (MCL 750.349b) involves knowingly retraining someone by means of a dangerous instrument or a weapon; or secretly confining and knowing restraining the victim; or knowingly restraining the victim to facilitate the commission of another felony; or knowingly restraining the victim to facilitate flight after the commission of another felony.

With the limited facts you gave us, then ... no, the crime has not been committed. Your facts do not prove a criminal intent or purpose to the driver's conduct, or prove the element of another felony being involved.

However, it's probably best to not even raise the question of whether the crime has been committed. In the future, if the passenger wants "out", and it is safe to do so right there, let the passenger out!

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Answered on 10/22/08, 1:28 pm


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