To secure a conviction for the base level or misdemeanor Second Degree offense, Penal Law 135.05, you must restrain another person. The NYPD has prepared important information on the criminal justice process in New York City so you can become more familiar with many procedures.Unlawful Imprisonment in the Second Degree is a New York crime that prohibits individuals from restraining another person. How do I File a Petition in Family Court? If you face a charge of unlawful imprisonment the prosecutor must show that the victim was actually restrained and unable to leave. False imprisonment occurs when a person intentionally and illegally restrains another person's ability to move freely. The §50-e requirement applies where a plaintiff seeks to bring false arrest and false imprisonment claims against a municipality under state law. You can not sue for false imprisonment for being found not guilty at trial but later found guilty on appeal. 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. After you tell the clerk at the front desk you are there, you will be given forms to fill out, including one to write down the incidents of violence.