How Do You Prove False Imprisonment? Example and Hypothetical Scenario.Remember, if you have already found the defendant not guilty of. Unlawful Imprisonment in the Second Degree, you will not consider the affirmative defense. You go to the police and fill out a report. Then you will speak to detectives about your incident. Unlawful Imprisonment in the First Degree is a New York criminal offense imposing harsh penalties on anyone who restrains another person. False imprisonment occurs when there is an unjustified restraint on an individual without his consent and where the individual cannot leave the area. The plaintiff's claim in a warrantless false arrest lawsuit arose from a sheriff s deputy s visit to her house to check on the welfare of her daughter. False imprisonment can be both a crime and a "tort," meaning a wrongful civil (non-criminal) act that causes harm.