Unlawful Imprisonment

Unlawful Imprisonment in Washington is a Class C Felony, and is similar to Kidnapping, but is a less severe charge as Kidnapping in the First Degree is a Class A Felony and Second Degree is a Class B Felony. Under RCW 9A.40.040, a person is guilty of Unlawful Imprisonment if he or she "knowingly restrains another person." "Restrain" means to restrict a person's movements without consent and without legal authority in a manner which interferes substantially with his liberty. Restraint is "without consent" if it is accomplished by

• a) physical force, intimidation, or deception, or
• b) any means including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and if the parent, guardian, or other person or institution having lawful control or custody of him has not acquiesced

If you, or someone you care about, has been charged (or may be) with Unlawful Imprisonment in King County, Skagit County, Snohomish County, or Whatcom County, call Ashbach Law Offices, LLC today at (360) 659-4950 for a free, no-pressure case evaluation. With a reputation in the legal community as aggressive, effective and successful criminal defense attorneys, we are here to help you through your difficult times. Kidnapping, in contrast, is as follows: RCW 9A.40.020 – Kidnapping in the first degree.

• (1)  A person is guilty of kidnapping in the first degree if he intentionally abducts another person with intent:
  • (a)  To hold him for ransom or reward, or as a shield or hostage; or
  • (b)  To facilitate commission of any felony or flight thereafter; or
  • (c)  To inflict bodily injury on him; or
  • (d)  To inflict extreme mental distress on him or a third person; or
  • (e)  To interfere with the performance of any governmental function.
• (2)  Kidnapping in the first degree is a class A felony.

RCW 9A.40.030 – Kidnapping in the second degree.

• (1)  A person is guilty of kidnapping in the second degree if he or she intentionally abducts another person under circumstances not amounting to kidnapping in the first degree.
• (2)  In any prosecution for kidnapping in the second degree, it is a defense if established by the defendant by a preponderance of the evidence that (a) the abduction does not include the use of or intent to use or threat to use deadly force, and (b) the actor is a relative of the person abducted, and (c) the actor's sole intent is to assume custody of that person. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, any other crime.
• (3) (a)  Except as provided in (b) of this subsection, kidnapping in the second degree is a class B felony.
  • (b)  Kidnapping in the second degree with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135 is a class A felony.