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Unlawful Imprisonment

13-1303. Unlawful imprisonment; classification

  1. A person commits unlawful imprisonment by knowingly restraining another person.
  2. In any prosecution for unlawful imprisonment, it is a defense that:
    1. The restraint was accomplished by a peace officer acting in good faith in the lawful performance of his duty; or
    2. The defendant is a relative of the person restrained and the defendant’s sole intent is to assume lawful custody of that person and the restraint was accomplished without physical injury.
  3. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest in which case it is a class 1 misdemeanor.

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