Legal Definition of Restraint

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What is the definition of 'restrain'?

To use or threaten to use deadly force to prevent a person's liberation.
To hold a person against their will using force, intimidation, or deception.
To confine a person in a place where they are not likely to be found.
To restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. (correct)

What are the two ways in which restraint can be accomplished without consent according to the text?

Force and deception
Force, intimidation, or deception (correct)
Acquiescence and using or threatening to use deadly force
Intimidation and acquiescence

When does the text state that restraint by acquiescence is considered 'without consent'?

When the victim is a child under 14 or an incompetent person, and the parent/guardian has not acquiesced.
When the victim is a child under 17 and the parent/guardian has not acquiesced.
When the victim is a child between 14 and 17 years old, and they are taken outside the state and a 120-mile radius from their residence, and the parent/guardian has not acquiesced.
When the victim is a child under 14 or an incompetent person, and the parent/guardian has not acquiesced, or when the victim is a child between 14 and 17 and taken outside the state and a 120-mile radius, and the parent/guardian has not acquiesced. (correct)

What is the definition of 'abduct' according to the text?

To restrain a person with intent to prevent their liberation by secreting or holding them in a place where they are not likely to be found, or by using or threatening to use deadly force. (D) Signup and view all the answers

What is the difference between 'restrain' and 'abduct'?

Restraint involves restricting a person's movements without consent, while abduction involves restraining a person with intent to prevent their liberation. (A) Signup and view all the answers

Which of the following is NOT a way that restraint can be accomplished without consent according to the text?

Acquiescence of the victim (D) Signup and view all the answers

Under which circumstances is unlawful restraint considered a felony of the third degree?

Both (a) and (b) (C) Signup and view all the answers

What is the difference between unlawful restraint and kidnapping according to the text?

Kidnapping requires intent to use or threaten deadly force, while unlawful restraint does not (D) Signup and view all the answers

If a person restrains a child under 14 years old with the sole intent of assuming lawful control, what offense, if any, has been committed?

No offense has been committed (A) Signup and view all the answers

What is the maximum potential punishment for unlawful restraint of a child under 17 years old?

State jail felony (D) Signup and view all the answers

If a person abducts their own child with no intent to use or threaten deadly force, what offense, if any, has been committed?

No offense has been committed (D) Signup and view all the answers

What is the minimum potential punishment for kidnapping according to the text?

Felony of the third degree (A) Signup and view all the answers

Which of the following is a requirement for the 'affirmative defense' of unlawful restraint to apply?

All of the above (D) Signup and view all the answers

If a person intentionally restrains a public servant lawfully discharging their duty, what is the maximum potential punishment?

Felony of the third degree (D) Signup and view all the answers

What is the key difference between unlawful restraint and kidnapping with respect to intent?

Unlawful restraint requires intent to assume lawful control, kidnapping does not (D) Signup and view all the answers

If a person recklessly exposes a victim to serious bodily injury during unlawful restraint, what is the maximum potential punishment?

Felony of the third degree (B) Signup and view all the answers

Legal Definition of Restraint

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