New Jersey Criminal Statute Guide
N.J.S.A. 2C:13-3: False imprisonment
False imprisonment does not require a jail cell, handcuffs, or a long detention. It does require knowing, unlawful restraint that substantially interferes with another person’s liberty.
Plain English
What 2C:13-3 actually prohibits
A person commits false imprisonment by knowingly restraining another unlawfully so as to interfere substantially with that person’s liberty. It is a disorderly persons offense, not an indictable crime, unless the facts support a different or additional charge.
The issue is practical freedom to leave, not the label placed on the encounter. Blocking a doorway, taking keys, physical holding, threats, or deceptive confinement may matter. Brief contact that does not substantially interfere, lawful detention, and voluntary remaining present raise different questions.
What the State must prove
- The accused restrained another person.
- The restraint was knowing and unlawful.
- The restraint substantially interfered with the other person’s liberty.
Degree and Exposure
The grading rules matter
The section is a disorderly persons offense, ordinarily heard in municipal court. It carries no Title 39 motor-vehicle points. If an indictable restraint, assault, weapons, or domestic-violence count is also charged, the procedural path may change.
| Level | Ordinary imprisonment range | Maximum ordinary fine | Usual court |
|---|---|---|---|
| Disorderly persons offense | Up to 6 months | $1,000 | Municipal Court ordinarily |
These are statutory maximums and ordinary degree ranges, not a prediction of sentence. Restitution, assessments, probation conditions, merger, consecutive-sentence rules, prior record, and offense-specific provisions can change the practical result.
Proof Problems
The evidence is charge-specific
Duration and ability to leave
Video, door access, vehicle position, call records, and witness accounts can show the length and practical effect of the alleged restraint.
Words and conduct
Commands, threats, requests, physical contact, return of keys or phones, and the other person’s responses help distinguish compulsion from a heated but voluntary encounter.
Claimed authority
Security, caregiving, parental, medical, or citizen-detention claims require examination of the actual legal authority and whether the conduct stayed within it.
Defense Analysis
Issues counsel should test
No substantial interference
Momentary contact or an available, understood means of leaving may fall short, depending on the entire encounter.
Consent
Voluntary agreement to remain can defeat unlawful restraint, though consent obtained by force or deception, or withdrawn during the encounter, presents a different record.
Family affirmative defense
The statute provides a limited defense when the restrained person was under 18, the actor was a relative or legal guardian, and the sole purpose was to assume control of the child.
A possible issue is not an automatic dismissal. Its value depends on the admissible record, the exact subsection charged, and what the State can prove beyond a reasonable doubt.
Charge Boundaries
Related, but not interchangeable
Criminal restraint: The third-degree offense adds exposure to serious-bodily-injury risk or involuntary servitude.
Kidnapping: Kidnapping has separate removal, confinement, purpose, and grading provisions; not every unwanted detention is kidnapping.
Simple assault: Physical contact may support an assault count, but assault does not establish substantial interference with liberty.
Indictable crimes are ordinarily handled in Superior Court. A disorderly persons or petty disorderly persons charge is ordinarily heard in municipal court unless it travels with indictable counts or is otherwise transferred. The complaint and later charging documents control.
Practice and court resources
Common Questions
Questions about 2C:13-3
Is false imprisonment a civil lawsuit or a criminal charge?
It can describe different legal claims. This page addresses the New Jersey disorderly persons offense in 2C:13-3; a civil claim has separate elements and deadlines.
Can this be charged after a domestic argument?
Yes, if the allegation is that one person knowingly and unlawfully prevented the other from leaving. A domestic-violence context can also produce restraints or release conditions, but does not eliminate the State’s burden.
Will this always stay in municipal court?
A standalone disorderly persons charge ordinarily does. Related indictable counts, dismissal or downgrade decisions, and procedural transfers can change where the matter proceeds.
Primary Sources
Read the law and current court instructions
- New Jersey Legislature lookup for N.J.S.A. 2C:13-3 (section text and amendment history).
- New Jersey Legislature bulk statutes archive.
- New Jersey Courts, current Model Criminal Jury Charges. Search the exact citation; not every offense or subsection has a model charge.
- N.J.S.A. 2C:43-3 fines and restitution and N.J.S.A. 2C:43-6 ordinary prison terms.
Source verification: section language and amendment history checked against the Legislature bulk text through L.2025, c.405 on September 5, 2026. Sentencing ranges were checked against N.J.S.A. 2C:43-3 and 2C:43-6 in the same snapshot. The Judiciary’s live model-charge index was checked September 5, 2026; because model charges are revised separately, its current entry should be used at the time of a case.
The citation is only the starting point.
Bring the complaint, charging language, and any release or no-contact conditions. We can discuss what this particular allegation requires and where the proof may be contested.
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Source verification completed September 5, 2026 against the New Jersey Legislature bulk statutes through P.L.2025, c.405, the exact Title 2C section, applicable sentencing statutes, and the New Jersey Judiciary’s current model-charge index. Primary sources: Legislature statute archive and Judiciary model charges. This is source verification, not a representation of attorney review. Laws change; nothing here is legal advice for your specific case.