She says she does not know a DA that would charge under that limited circumstance. She says that if one were to torture the detainee or other wise unnecessarily assault, that charges may be pursued. She also says even as the law now reads she could charge one for a multitude of offenses depending on the circumstances. She said she charged a guy and got a conviction for false imprisonment after he held some forks in a store that was in the process of being robbed because he wasn't sure who else was involved with the robbery so he held everyone until the cops arrived.
she says if I got time for all this that her car really needs to be washed and can I please go wash it instead of playing on the phone. Geez thanks a lot.
LOL! Hope the car is clean.
I am not comforted by her claim that - even though false imprisonment is a felony crime committed for detaining a criminal - that she does not personally know any District Attorney who would prosecute.
There are a number of things to consider. First, the elements of the crime are met if you detain a criminal without legal authority. Period. Second, District Attorneys are all different sorts of persons, and some are pure political animals. You cannot compare, for example, my DA, Herb Cranford, to the former DA, Paul Howard. Third, politics and race and news coverage might force the hand of an otherwise reasonable DA. When riots and protests ensue, and you are the wrong color, you just might find yourself indicted. Fourth, over time, it will become more accepted, because it is a long-standing law. "Good people" do not break the law, which means they do not detain criminals, even briefly. Twenty years from now your good wife may know LOTS of DAs who are willing to prosecute.
Here is the crime, OCGA 16-5-41, and it has a penalty of 10 years in prison.
(a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.
The word detains does not require much on your part to violate it. It means to impede another person's progress. Today you are covered by the "legal authority" of OCGA 17-4-60, 61, and 62. By this summer, you will have no defense to the charge of false imprisonment whatsoever.