False imprisonment occurs when someone holds another person against that person's will. Learn about this criminal offense here.How Do You Prove False Imprisonment? There are two requirements: First, there must be some specific area in which, through the acts or words of the Defendant, the Plaintiff is completely confined. To secure a conviction for the base level or misdemeanor Second Degree offense, Penal Law 135.05, you must restrain another person. Learn the difference between the tort and the crime of false imprisonment, the elements of a claim, and how it differs from false arrest and kidnapping. The federal district court in Idaho issued two longawaited decisions calling the FBI to account for Mr. alKidd's unlawful arrest. Remember, if you have already found the defendant not guilty of. Unlawful Imprisonment in the Second Degree, you will not consider the affirmative defense. There's no false imprisonment when the confinement is based on a legal justification or defense.