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Subdivision 1.Definition.
As used in this section, the following term has the meaning given it unless specific content indicates otherwise.
"Caretaker" means an individual who has responsibility for the care of a child as a result of a family relationship, or who has assumed responsibility for all or a portion of the care of a child.
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Subd. 2.Intentional restraint.
Whoever, knowingly lacking lawful authority to do so, intentionally confines or restrains someone else's child under the age of 18 years without consent of the child's parent or legal custodian, or any other person without the person's consent, is guilty of false imprisonment and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.
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Subd. 3.Unreasonable restraint of children.
(a) A parent, legal guardian, or caretaker who intentionally subjects a child under the age of 18 years to unreasonable physical confinement or restraint by means including but not limited to, tying, locking, caging, or chaining for a prolonged period of time and in a cruel manner which is excessive under the circumstances, is guilty of unreasonable restraint of a child and, except as provided in paragraph (b) or (c), may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
(b) If the confinement or restraint results in demonstrable bodily harm, the person may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both.
(c) If the confinement or restraint results in substantial bodily harm, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Notes of Decisions
Cited in
29
cases (
4 in the last 5 years), 1981–2026 · leading case:
State v. Niska, 514 N.W.2d 260 (Minn. 1994).
State v. Niska, 514 N.W.2d 260 (Minn. 1994).
· cites it 6× “1(2) and 2(1) (1984); (6) false imprisonment under Minn.Stat. § 609.255, subd. 2 (1984); and (7) aggravated forgery (uttering) under Minn.”
State v. Fardan, 773 N.W.2d 303 (Minn. 2009).
· cites it 4× “The judge had submitted an additional charge of false imprisonment, Minn. Stat. § 609.255 , subd. 2 (2008), of which Fardan was also convicted.”
State v. Hayes, 826 N.W.2d 799 (Minn. 2013).
“§ 609.255, subd. 3 (2012) (providing a similarly structured enhancement provision in the false-imprisonment statute).”
State v. Harlin, 771 N.W.2d 46 (Minn. Ct. App. 2009).
· cites it 4× “2 (2008), and one count of false imprisonment in violation of Minn.Stat. § 609.255, subd. 2 (2008). He challenges his convictions, arguing that (1) to sustain a conviction under Minn.”
Aligah v. State, 394 N.W.2d 201 (Minn. Ct. App. 1986).
· cites it 6× “Appellant Matthew Aligah was charged in Steams County District Court with fourth degree criminal sexual conduct and false imprisonment under Minn.Stat. §§ 609.255, subd. 2 and 609.345(c) (1984).”
State v. Beard, 380 N.W.2d 537 (Minn. Ct. App. 1986).
· cites it 2× “1 (1984), and false imprisonment in violation of Minn.Stat. § 609.255, subd. 2 (1984). The trial court vacated the two convictions for second degree criminal sexual conduct.”
In re the Civil Commitment of Johnson, 800 N.W.2d 134 (Minn. 2011).
· cites it 2× “7a(b) (establishing a rebuttable presumption that false imprisonment under Minn.Stat. § 609.255 (2010) creates a substantial likelihood that the victim suffered serious physical or emotional harm).”
State v. Dokken, 312 N.W.2d 106 (Minn. 1981).
· cites it 4× “The narrow issue presented by this appeal is whether the evidence of defendant *107 Anthony Dokken’s activities is legally sufficient to sustain a jury’s verdict finding defendant guilty of false imprisonment as defined in Minn.Stat. § 609.255 (1980). Because the evidence of the…”
State v. Niska, 499 N.W.2d 820 (Minn. Ct. App. 1993).
· cites it 4× “1(2) (1984); one count of false imprisonment in violation of Minn. Stat. § 609.255 , subd. 2 (1984); and one count of aggravated forgery (uttering) in violation of Minn.”
State v. Dooley, 380 N.W.2d 582 (Minn. Ct. App. 1986).
· cites it 2× “Minn. Stat. § 609.255 , subd. 2 (1984) (statute defining crime of false imprisonment).”
In Re the Welfare of A.L.F., 579 N.W.2d 152 (Minn. Ct. App. 1998).
· cites it 2× “377; (4) conduct towards a child that constitutes felony unreasonable restraint of a child under section 609.255, subdivision 3; (5) conduct towards a child that constitutes felony neglect or endangerment of a child under section 609.”
State v. Munger, 597 N.W.2d 570 (Minn. Ct. App. 1999).
· cites it 2× “1 (1996), and one count of false imprisonment, in violation of Minn.Stat. § 609.255, subd. 2 (1996). The state filed an amended complaint against appellant on March 2, 1998, adding two counts of kidnapping, in violation of Minn.”
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