NY False Imprisonment 2nd Degree requires

• A. Confining another
• B. Without consent
• C. Involves restraint that is known to be unlawful
• D. Knowing restrain is unlawful

Answer: (D)

The key idea is the mental state required for NY false imprisonment in the second degree: the offender must knowingly restrain someone and know that the restraint is unlawful. False imprisonment involves intentionally restricting another person’s liberty without their consent and without lawful justification, but for the second-degree offense the defendant’s awareness that the confinement is unlawful is essential. So the best choice expresses that the restraint is known (or knowingly) to be unlawful. Merely confining someone or restraining without consent describes the act or lack of consent, but without the knowledge of illegality, it wouldn’t meet the second-degree standard. If the person believed there was a lawful justification, that would defeat the required knowledge element.