What is the difference between false imprisonment and kidnapping?

False imprisonment and kidnapping are both serious crimes under North Carolina law. However, they are distinct crimes with different definitions, penalties, and elements of proof. False imprisonment occurs when a person unlawfully and intentionally restricts another person’s freedom of movement without their consent. This can happen even if the person is not taken away from their current location. For false imprisonment to be proven, the perpetrator needs to have meant to restrain the victim, and the victim needs to have been aware that they were being restrained. Kidnapping, on the other hand, occurs when a person is taken away from their current location against their will. In order to be convicted of kidnapping in North Carolina, the perpetrator needs to have meant to harm the victim, confined them, or done something else illegal with them. Ultimately, the major difference between false imprisonment and kidnapping is that false imprisonment involves restraining a person without forcing them to move, while kidnapping involves forcibly moving a person from one location to another. False imprisonment is usually considered the lesser crime with less severe penalties than kidnapping, though all violent crime carries serious consequences in North Carolina.

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