To secure a conviction for the base level or misdemeanor Second Degree offense, Penal Law 135.05, you must restrain another person. Unlawful Imprisonment in the First Degree is a New York criminal offense imposing harsh penalties on anyone who restrains another person.How Do You Prove False Imprisonment? Unlawful Imprisonment in the Second Degree is a New York crime that prohibits individuals from restraining another person. 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:. Physical force is often used, but it isn't required. False imprisonment occurs when someone holds another person against that person's will. Learn about this criminal offense here. Getting legal representation for your False Imprisonment issue is easier than you think. Though mitigation of damages is an affirmative defense, see Instruction ), it is rarely a complete defense.