Example and Hypothetical Scenario. Unlawful Imprisonment in the First Degree is a New York criminal offense imposing harsh penalties on anyone who restrains another person.Unlawful Imprisonment in the Second Degree is a New York crime that prohibits individuals from restraining another person. Assuming you have no criminal history or at least no prior felony in the preceding ten years, then prison is not mandatory. The NYPD has prepared important information on the criminal justice process in New York City so you can become more familiar with many procedures. False imprisonment occurs when a person intentionally and illegally restrains another person's ability to move freely. The law generally requires that the guilty plea be vacated in order to bring forth state and federal challenges to the validity of an arrest:. The Post-Conviction Justice Bureau is the first stand-alone bureau of its kind in the nation. Since his conviction, James, who was tried and convicted with Denny, has admitted that Denny had no involvement in the crimes. In NC, false imprisonment is the unlawful restrain or detainment of an individual without their consent.