New York Multistate Bar (MBE) Practice Exam

NY False Imprisonment 1st Degree requires

Confining another Knowing confinement is unlawful Without consent Risks of causing serious bodily injury

Correct Answer:

Knowing confinement is unlawful

Explanation:

The key idea is the mental state that accompanies the restraint. For false imprisonment in the first degree, the defendant must intentionally confine another and know that the confinement is unlawful. That knowledge of illegality is what elevates the offense to the higher level. Merely confining someone or doing so without consent describes the act, but without the awareness that the restraint is unlawful, it does not reach first-degree status. The element about risking serious bodily injury isn’t what defines the first-degree level; the crucial factor is knowing that the confinement is unlawful.

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