9.14.040 Unlawful imprisonment.
A. A person is guilty of unlawful imprisonment if they knowingly restrains another person.
B. “Restrain” means to restrict a person’s movements without consent and without legal authority in a manner which interferes substantially with their liberty. Restraint is “without consent” if it is accomplished by:
1. Physical force, intimidation, or deception; or
2. Any means, including acquiescence of the victim, if the victim is a child less than 16 years old or an incompetent person and their parent, guardian, or other person or institution having lawful control or custody of them has not acquiesced.
C. Violation of this section is a gross misdemeanor, punishable by up to 364 days in jail and/or a $5,000 fine.
D. This section is intended to supplement city jurisdiction in unlawful imprisonment cases that could have been prosecuted as felonies but which were declined by the county in which the offense occurred or which do not meet the county’s charging guidelines. If a person is charged with unlawful imprisonment under state law for a particular incident, the person shall not also be charged under this section for the same conduct. (Ord. 6689 § 1 (Exh. A), 2018.)