707-722 Unlawful imprisonment in the second degree
§ 707-722. Unlawful imprisonment in the second degree
(1) A person commits the offense of unlawful imprisonment in the second degree if the person knowingly restrains another person.
(2) In any prosecution under this section, it is an affirmative defense that:
(a) The person restrained was less than eighteen years old;
(b) The defendant was a relative of the victim; and
(c) The defendant’s sole purpose was to assume custody over the victim.
In that case, the liability of the defendant, if any, is governed by section 707-727, and the defendant may be convicted undersection 707-727, although charged under this section.
(3) In any prosecution under this section, it is an affirmative defense that:
(a) The person restrained was:
(i) On or in the immediate vicinity of the premises of a retail mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise;
(ii) Restrained in a reasonable manner and for not more than a reasonable time; and
(iii) Restrained to permit the investigation or questioning by a police officer or by the owner of the retail mercantile establishment, the owner’s authorized employee, or the owner’s agent; and
(b) The police officer, owner, employee, or agent had reasonable grounds to believe that the person detained was committing or attempting to commit theft of merchandise on the premises.
(4) Unlawful imprisonment in the second degree is a misdemeanor.