Liability & LegalQuestion 92 of 200
Under Penal Code §237, false imprisonment is punishable as a felony when it is effected by:
a.Violence, menace, fraud, or deceit
b.Asking the suspect to remain seated
c.Locking a store door for a routine end-of-day procedure
d.Use of a uniform and badge during normal patrol
Explanation
Penal Code §237(b) elevates false imprisonment to a felony 'effected by violence, menace, fraud, or deceit' — punishable by 16 months, 2, or 3 years in state prison. Ordinary false imprisonment is a misdemeanor punishable by up to $1,000 and/or up to one year in county jail. For guards, this matters because aggressive tactics — threatening with a weapon (menace), tackling (violence), or tricking a suspect into believing police authority (fraud/deceit) — can transform a detention dispute into a felony charge against the guard. Routine verbal requests, end-of-day procedures, and merely wearing a uniform are not §237 aggravators.
Law Reference: Cal. Penal Code §237Practice all 200 questions free — no signup required.
Related questions on this topic
- Penal Code §236 defines false imprisonment as 'the unlawful violation of the personal liberty of another.' Which of the following is the most accurate civil-liability description for a security guard?
- Penal Code §242 defines battery as any willful and unlawful use of force or violence upon the person of another. Which of the following best describes the standard for security guards?
- Penal Code §240 defines assault as an unlawful attempt, coupled with present ability, to commit a violent injury on another person. For a guard, which scenario most clearly meets all assault elements?
- A security guard observes a person who has been previously warned, in writing, not to return to a posted business property. The person re-enters the premises. Under PC §602(o) and related subdivisions, the guard's legal posture is:
- Under respondeat superior and BPC §7583.39, a licensed PPO (private patrol operator) is generally liable for its employee guard's torts committed:
- A PPO hires a guard without conducting the BSIS-mandated background check. The guard later commits an assault against a patron. Beyond respondeat superior, the PPO may face liability under which independent theory?
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