Criminal Confinement – What it is and How to Defend against it

Criminal Confinement is the act of restraining someone without their consent. Often, this occurs when someone is being held without their consent in a closed off space such as a house, vehicle, or other enclosed area. In Indiana, criminal confinement is a felony and can have severe consequences for the accused. Aggravating circumstances can increase the offense from a Level 6 Felony to a to a Level 2 Felony.

The main Criminal Confinement statute in Indiana is Indiana Code Section 35-42-3-3. Subsection (a) states that “A person who knowingly or intentionally confines another person without the other person’s consent commits criminal confinement.” However, subsection (b) lays out the circumstances in which the Level 6 Felony can be increased up to a Level 2 Felony. Subsection (b)(1) states that Criminal Confinement is a Level 5 Felony if the person being confined is 14 years of age or less and not the confining person’s child, is committed by using a vehicle, or if the confinement results in bodily injury to a person other than the confining person. Subsection (b)(2) labels the crime as a level 4 Felony if it results in moderate bodily injury to a person other than the confining person. The offense is a Level 3 Felony if it is committed while armed with a deadly weapon, if it results in serious bodily injury to a person other than the confining person, or if it is committed on an aircraft. Lastly, Criminal Confinement is a Level 2 Felony if it committed with the intent to obtain ransom, while hijacking a vehicle, with intent to obtain the release, with intent to aid in the escape of any person from lawful incarceration, or with the intent to use the person confined as a shield or hostage.

Criminal Confinement is not to be mistaken with kidnapping. A broad way to understand the difference is that kidnapping will involve confinement, while criminal confinement may not always involve kidnapping. A Criminal Confinement offense will usually not involve the removal of the victim, which is a necessary element for a kidnapping offense. In addition, as with every Criminal offense, there are potential defenses to criminal confinement. A few defenses that may be used in these circumstances are voluntary consent to confinement, justification of arrest, and legal authority.

Contact McNeely Law for any of your Criminal Defense needs as we have a team of experienced attorneys ready to help you.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.