Under NRS § 200.460, you commit the Nevada crime of false imprisonment if you restrict someone else’s freedom of movement without justification or legal authority. Common examples are not letting a person leave a room, or cornering someone against the wall. False imprisonment is a crime in Nevada and can also be the basis for a civil lawsuit for damages.

Penalties

Violating NRS 200.460 is typically prosecuted as a gross misdemeanor in Nevada, carrying a maximum of $2,000 in fines and/or 364 days in jail. False imprisonment becomes a category B felony potentially carrying years in state prison if:

• you used a deadly weapon,
• you used the victim as a human shield or to avoid arrest, or
• you were an inmate

However, the prosecutor may agree to plea bargain the charges down to a lesser offense or possibly a dismissal.

Defenses

Potential defense strategies for NRS 200.460 charges include:

• You acted in lawful self-defense,
• The alleged victim consented to the restriction of movement,
• You acted in compliance with the “shopkeeper’s privilege,” and/or
• You were exercising your parental rights

Police Misconduct

Suppose you have been unlawfully detained or apprehended by the police. In that case, you may be able to bring a civil lawsuit against law enforcement for false imprisonment, false arrest, and/or Section 1983 civil rights violations in Nevada. If successful, you can recover such remedies as compensatory damages, punitive damages, and possibly attorney’s fees.

In this article, our Las Vegas criminal defense attorneys discuss:

• 1. What is the definition of false imprisonment?
• 2. What are the penalties under NRS 200.460?
• 3. What are the defenses?
• 4. Can I get a record seal?
• 5. Is it deportable?
• 6. Can I sue the police?
  • 6.1. False imprisonment (unlawful detention)
  • 6.2. False arrest
  • 6.3. Section 1983

1. What is the definition of false imprisonment?

Wrongful imprisonment is any illegal deprivation of your freedom of movement. An NRS 200.460 violation may occur indoors, outdoors, or in a moving vehicle, and it does not require the use of tools, weapons, or threats.

Even using another person as a human shield may qualify as unlawful imprisonment.¹

Merely ordering someone not to move is not an NRS 200.460 violation unless accompanied by force or threats.

Example: Henry and Jack are having an argument. Henry then gets a phone call and orders Jack, “Don’t move while I take this call!” Jack stays still. But Henry did not violate NRS 200.460 because he never threatened or physically constrained Jack. And Jack could have moved if he wanted to — he just chose not to.

Had Henry in the above example cornered Jack so he could not move or threatened to hurt him if he left, then prosecutors could charge Henry with unlawful imprisonment.²

Note that holding a person for ransom is prosecuted not as an NRS 200.460 violation but rather as kidnapping.³ Also, note that law enforcement may legally detain you if they have reasonable suspicion to believe that you were involved in criminal activity.

(Scroll down to section 6 for information on suing police for wrongfully imprisoning them.)

2. What are the penalties under NRS 200.460?

The punishment for violating NRS 200.460 depends on the circumstances of the case:

Nevada False imprisonment charges	Penalties
Without use of a deadly weapon	Gross misdemeanor: Up to 364 days in jail, and/or Up to $2,000 in fines
With use of a deadly weapon	Category B felony: 1 – 6 years in prison
Using the victim as a human shield or to avoid arrest	Category B felony: 1 – 15 years in prison
You are an inmate and did not use a deadly weapon	Category B felony: 1 – 6 years in prison
You are an inmate and did use a deadly weapon	Category B felony: 1 – 20 years in prison

Additionally, the court will order you to pay for all the damages the victim sustained by the alleged wrongful imprisonment.⁴

Note that sexually motivated false imprisonment also carries lifetime supervision under NRS 176.0931. However, it may be possible to get off lifetime supervision after 10 years.

3. What are the defenses?

Various defenses exist that may prove effective in fighting NRS 200.460 charges in Las Vegas or elsewhere in the state. Four common strategies include:

1. Self-defense
2. Consent
3. Shopkeeper’s privilege
4. Parental rights

3.1. Self-defense

Nevada self-defense law permits you to use proportional force to defend yourself and others if you reasonably believe you are about to sustain immediate bodily harm.⁵

Example: Mark is beating his girlfriend Anna. Anna manages to push him away and locks him in a closet while she calls the police. The police arrive, and Mark lies that he never beat Anna. The police believe Mark and arrest Anna for violating NRS 200.460 for locking Mark in the closet. Though if Anna’s attorney can show the prosecutor that Mark was lying and Anna was defending herself from a beating, then the charge should be dropped.

If Anna in the above example kept Mark locked in the closet for several hours without calling the police, then Anna might have a tougher time arguing she was acting in self-defense.

However because she contacted the authorities right away, she can argue that she locked Mark up for no longer than was necessary, and that her actions were proportional to the threat Mark posed.

3.2. Consent

You are liable for unlawful imprisonment only if the “victim” was confined against their will. If the alleged victim agreed to be confined — even reluctantly — then you committed no crime.

Example: Katherine and Thomas are a couple who engage in B&D. Thomas then cheats on Katherine, who out of revenge calls the police and claims that Thomas would handcuff her against her will. Thomas gets arrested for violating NRS 200.460. Though once Thomas’s attorney shows the prosecutor home-video evidence of Katherine consenting to the handcuffing, the prosecutor dismisses the charge.

Helpful evidence to demonstrate consent may include video or audio recordings, written communications (such as text messages or email), and eyewitness testimony.

3.3. Shopkeeper’s privilege

Merchants may detain suspected thieves for a reasonable time in order to investigate the matter. Shopkeepers who exercise this “privilege” are not guilty of an NRS 200.460 violation as long as they had reasonable grounds to believe the suspect stole their property. Learn more about the shopkeeper’s privilege (NRS 597.850).⁶

3.4. Parental rights

You have the right to discipline your children in ways that restrict their freedom of movement such as “grounding” them or imposing “timeouts.”  As long as the children do not sustain injuries or undue suffering, confining your children against their will is perfectly legal.

4. Can I get a record seal?

A gross misdemeanor NRS 200.460 conviction may be sealed from your record two (2) years after the case closes. Though Nevada law is unclear about felony convictions.

Category B felonies like felony false imprisonment usually carry a five (5) year record seal waiting period. However, Nevada courts likely consider felony false imprisonment to be a “crime of violence.” This means that the record seal waiting period is bumped up to ten (10) years after the case ends.

To date, no definitive Nevada caselaw has declared whether the waiting period is five (5) or ten (10) years.

Meanwhile, unlawful imprisonment convictions where the victim is a child (under 18) may never be sealed. Finally, NRS 200.460 charges that get dismissed —  meaning there is no conviction — may be sealed immediately. Learn more about sealing criminal records in Nevada.⁷

5. Is it deportable?

Courts have indicated that felony false imprisonment may be a deportable offense.⁸ Therefore, any non-citizens facing wrongful imprisonment allegations should retain an experienced attorney right away to try to get the charges reduced to a non-removable offense or possibly dismissed.

6. Can I sue the police?

Suppose you are the victim of an unlawful arrest or detention by police. In that case, you may be able to file suit against the police (“defendants”) for false imprisonment, false arrest, and/or civil rights violations under Section 1983 of the U.S. Code’s Title 42:

6.1 Suing police for unlawful detention

Police are legally allowed to detain you briefly if they have a “reasonable suspicion” that you are involved in criminal activity. “Reasonable suspicion” is a lower standard than “probable cause” — also called “reasonable cause” — which is what police need in order to arrest you legally.

These brief detentions based on reasonable suspicion are called a “Terry stop” or a “stop-and-frisk.” During a Terry stop, the officer may pat down your outer clothing.⁹

A consensual encounter between you and a police officer becomes a Terry stop once you are no longer permitted to leave. In Nevada, these Terry stops must last no longer than 60 minutes.¹⁰

6.1.1. Civil false imprisonment / illegal detention elements

If a Terry stop is unlawful or excessive, you may sue law enforcement for false imprisonment. You would need to prove the following five elements:

1. The police acted with the intention to confine you within boundaries that are fixed by the police;
2. The confinement is against your will in such a manner as to violate your right to be free from the restraint of movement;
3. The police lacked reasonable suspicion to detain you;
4. You are conscious of the confinement or are harmed by the confinement; and
5. The police caused the confinement and your injuries.¹¹

You have the burden to prove false imprisonment “by a preponderance of the evidence.” In other words, that it is more likely than not that the defendant committed false imprisonment. Typical evidence includes eyewitnesses and police surveillance video.

You have two (2) years after the false imprisonment to bring a lawsuit.¹²

6.1.2 Defendants in false imprisonment lawsuits

If you are a victim of false imprisonment by police, can bring civil lawsuits against law enforcement, including:

• the police officer(s) or deputy sheriff(s) who conducted the detention or arrest,
• the police chief or sheriff,
• the police agency or sheriff department, and/or
• possibly the city of county

Predictably, the police agency would have deeper pockets than the individual officer who falsely detained you. Therefore, you are always encouraged to file suit against the agency that employed the officer.

6.1.3 Damages in false imprisonment lawsuits

Depending on the case, you can win compensatory damages to cover your:

• medical bills,
• pain and suffering,
• lost wages, and/or
• loss of future earnings

If you can show that the police actions were malicious, you can also be eligible for punitive damages. These are often higher than compensatory damages.

6.1.4 Defenses to false imprisonment lawsuits

Depending on the facts of the case, police officers may try to defend themselves against false imprisonment claims by arguing that:

• the detention was not unlawful because the police had reasonable suspicion,
• the detention was not excessively long because it was under 60 minutes,
• you consented to the detention even if the police had no reasonable suspicion,
• you were free to leave at any time, and/or
• the police were acting under a current and valid arrest warrant in Nevada

In addition, the police may try to claim “qualified immunity” by arguing that they acted in good faith.¹³

6.2 Suing police for false arrest

Nevada police are legally allowed to place you under arrest in the following two circumstances:

1. the police secured a current and valid arrest warrant based on probable cause that you committed a crime,
2. the police do not have a warrant, but they have probable cause to believe that you committed a crime

Police commit a false arrest if they apprehend you without consent and without a valid warrant or without probable cause.

6.2.1. False arrest elements

If you get wrongly arrested, you can sue law enforcement for the civil torts of false imprisonment (discussed in the previous section) as well as false arrest. The four elements of a false arrest claim include:

1. The police took you into custody;
2. The police lacked probable cause to place you under arrest;
3. The custody was against your will; and
4. A reasonable person in your position would not have felt free to leave¹⁴

You have the burden to prove false arrest “by a preponderance of the evidence.” In other words, that it is more likely than not that the defendant committed false arrest.

Helpful evidence in these cases includes eyewitnesses, surveillance video, and bodycam footage showing the police physically taking you into custody and reading Miranda rights.

You typically have a statute of limitations of two (2) years after the false arrest to bring a lawsuit.¹⁵

6.2.2 Defendants in false arrest lawsuits

As a false arrest victim, you can try to sue all levels of law enforcement, including:

• the police officer(s) or deputy sheriff(s) who conducted the arrest,
• the police chief or sheriff,
• the police agency or sheriff department, and/or
• possibly the city of county

Obviously, police officers usually have fewer cash reserves than the police agency they work for. Therefore, you are advised to go after the police department in addition to the individual officer(s) that carried out the false arrest.

6.2.3 Damages in Nevada false arrest lawsuits

You may be able to recover compensatory damages for your:

• medical bills,
• pain and suffering,
• lost wages, and/or
• loss of future earnings,

The court may even order that the defendant(s) pay punitive damages if their actions were somehow egregious.

6.2.4 Defenses to false arrest lawsuits

Depending on the circumstances of the case, the defendant(s) might try to defend themselves against false arrest claims by arguing that:

• there was no arrest because a reasonable person in your position would have felt free to leave,
• the arrest was legal because the police had probable cause, and/or
• the arrest warrant (if there was one) was current and valid¹⁶

In addition, the police may try to claim “qualified immunity” by arguing that they acted in good faith.

6.3 Suing police for Section 1983 violations

Section 1983 of the U.S. Code’s Title 42 gives people who have had their civil rights violated by police legal recourse to sue. It is a broader law than the civil torts claims of false imprisonment and false arrest because it comprises all potential civil rights abuses by police.

6.3.1. Section 1983 elements

An unlawful detainment or arrest is a civil rights violation. Therefore, victims of an unlawful detainment or false arrest can bring a Section 1983 lawsuit. The two elements of a Section 1983 cause of action are:

1. The police acted under “color of law”
2. The police violated the plaintiff’s civil rights¹⁷

“Under color of law” means that the defendant is acting with the apparent authority of the state, such as law enforcement. One of the civil rights that Section 1983 is meant to safeguard is the Fourth Amendment protection against unreasonable searches and seizures; this includes unlawful detentions and arrests.

You have the burden to prove Section 1983 violations “by a preponderance of the evidence.” In other words, that it is more likely than not that the defendants violated your civil rights. Common evidence in these types of lawsuits include eyewitnesses and video taken by police or passersby.

You typically have two (2) years after the false arrest or unlawful detention to bring a Section 1983 lawsuit.¹⁸

6.3.2 Defendants in Section 1983 lawsuits

As a victim of Section 1983 violations by police, you can bring civil lawsuits against law enforcement, including:

• the police officer(s) or deputy sheriff(s) who conducted the detention or arrest,
• the police chief or sheriff,
• the police agency or sheriff department, and/or
• possibly the city of county

As discussed above, police departments are more likely to be able to pay out large damages than individual officers can.

6.3.3 Damages in Section 1983 lawsuits

You may be able to win compensatory damages to cover your :

• medical bills,
• pain and suffering,
• lost wages, and/or
• loss of future earnings,

Depending on the egregiousness of the police’s actions, the court may order that the defendants pay out punitive damages also.

Finally, if you are a plaintiff in a Section 1983 lawsuit, you may be able to recover your attorneys’ fees as well.¹⁹

6.3.4 Defenses to 1983 lawsuits

Depending on the facts of the case, defendants may try to defend themselves against Section 1983 claims by arguing that:

• your civil rights were not violated,
• the police did not act under color of law, and/or
• the police have “qualified immunity” from prosecution because they acted in good faith

In Section 1983 cases, you usually have the initial burden to show that the defendants’ behavior clearly violated established statutory or constitutional rights. Police officers cannot rely on their “qualified immunity” to protect them from liability if their behavior was unreasonable or not in good faith.²⁰

Learn more about suing for police misconduct in Nevada.

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