What is the difference between false imprisonment and kidnapping?

False imprisonment and kidnapping are both criminal offenses in California, but they are distinct offenses with different elements. False imprisonment is the unlawful restraint of a person against their will, without any form of legal justification. For example, a store owner who locks a customer in the store against their will in order to get them to pay for something would be guilty of false imprisonment. It is typically a misdemeanor offense in California with a maximum punishment of one year in county jail and a fine of up to $1,000. Kidnapping is the unlawful confinement or transportation of a person against their will, and is always a felony offense in California. In addition to the confinement or transportation, kidnapping requires the intent to use the victim as a hostage, to hold them for ransom, or to use them to commit a robbery or felony. Kidnapping is punishable by up to 8 years in prison and a fine of up to $10,000. The primary difference between false imprisonment and kidnapping is the intent behind the confinement or transportation. For false imprisonment, the intent must simply be to unlawfully restrain the victim. For kidnapping, the intent must be to use the victim as a hostage, to hold them for ransom, or to use them to commit a robbery or felony.

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What is the difference between false imprisonment and kidnapping?

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