Ark. Code Ann. § 5-11-104 (2026)
False imprisonment in the second degree
- A person commits the offense of false imprisonment in the second degree if, without consent and without lawful authority, the person knowingly restrains another person so as to interfere substantially with the other person's liberty.
- False imprisonment in the second degree is a Class A misdemeanor.
History. Acts 1975, No. 280, § 1704; A.S.A. 1947, § 41-1704.
Cross References. Detention of shoplifting suspects, § 5-36-116.
Case Notes
Burden of Proof.
Where imprisonment was proved or admitted under an arrest without a warrant, the burden of justification was on the defendant. St. Louis, Iron Mountain & S. Ry. v. Waters, 105 Ark. 619, 152 S.W. 137 (1912). See also Haglin v. Apple, 65 Ark. 274, 45 S.W. 989 (1898); Douglass v. Stahl, 71 Ark. 236, 72 S.W. 568 (1903) (preceding decisions under prior law).
Evidence.
Evidence insufficient to support conviction. H.K. Faulkinbury v. United States Fire Ins. Co., 247 Ark. 70, 444 S.W.2d 254 (1969) (decision under prior law).
Instructions.
Instruction that, though the conductor who made the arrest was the judge as to whether the plaintiff was intoxicated when arrested, yet if he was mistaken the company would be liable, was erroneous, as it ignored the question whether the conductor acted in good faith. St. Louis, Iron Mountain & S. Ry. v. Hudson, 95 Ark. 506, 130 S.W. 534 (1910) (decision under prior law).
Lawful Authority.
Imprisonment by virtue of a legal writ in due form issued by a court of competent jurisdiction and served in a lawful manner did not constitute false imprisonment even though it was improvidently or wrongfully issued. Campbell v. Hyde, 92 Ark. 128, 122 S.W. 99 (1909) (decision under prior law).
An action for false imprisonment under a wrongful arrest did not lie where the arrest complained of was under lawful authority. McIntosh v. Bullard, Earnhart & Magness, 95 Ark. 227, 129 S.W. 85 (1910) (decision under prior law).
Lesser Included Offenses.
Second-degree false imprisonment is not a lesser included offense of kidnapping; thus, instruction on second-degree or first-degree false imprisonment was not required in a kidnapping case. Davis v. State, 365 Ark. 634, 232 S.W.3d 476 (2006).
Restraint.
By the unlawful imprisonment of one's person, even though for only a moment, there was an actionable wrong. Saint Louis, I.M. & S. Ry. v. Wilson, 70 Ark. 136, 66 S.W. 661 (1902) (decision under prior law).
A prisoner who had been pardoned by the governor was immediately entitled to his freedom and when it was denied the prisoner, the prisoner could maintain an action for false imprisonment against the one denying him his liberty. Weigel v. McCloskey, 113 Ark. 1, 166 S.W. 944 (1914) (decision under prior law).
Where a deputy, under color of authority helped parent remove children from the other parent's custody against their will, officer's coercive acts constituted false imprisonment. Pettijohn v. Smith, 255 Ark. 780, 502 S.W.2d 618 (1973) (decision under prior law).
Cited: Mosley v. State, 2016 Ark. App. 353, 499 S.W.3d 226 (2016).