Unlawful Imprisonment in Arizona: ARS 13-1303

Posted on March 13, 2026 in Assault & Violent Crimes

Under Arizona law, knowingly restraining another person can subject you to a charge of unlawful imprisonment. Unlawful imprisonment is sometimes informally referred to as “false imprisonment,” although false imprisonment more commonly refers to a related civil claim. 

Depending on the circumstances, a conviction of unlawful imprisonment can be a Class 6 felony or a Class 1 misdemeanor.

At AZ Defenders, we represent Arizona residents charged with criminal offenses, including unlawful imprisonment. In this blog post, we cover:

• How Arizona law defines unlawful imprisonment, including examples of what unlawful imprisonment is and exceptions to the law
  
• Legal penalties for an unlawful imprisonment conviction
  
• Possible defenses to a charge of unlawful imprisonment

If you have been charged with unlawful imprisonment in Arizona, call AZ Defenders at (480) 456-6400 or reach us online to speak with an experienced Arizona criminal defense attorney in a free initial consultation.

What is Unlawful Imprisonment Under Arizona Law?

Arizona Revised Statutes (ARS) Section 13-1303 is Arizona’s unlawful imprisonment statute. This statute states that a person commits unlawful imprisonment by “knowingly restraining another person.”

An important consideration here is what constitutes an act of “restraint” for purposes of the law. ARS 13-1301(2) defines restraining another person as restricting that person’s movement without consent or legal authority, in a way that substantially interferes with that person’s liberty.

The restraint can take the form of:

• Moving the alleged victim from one place to another. Unlike kidnapping, unlawful imprisonment does not require proof of the specific intentions listed in ARS 13-1304, such as intending to inflict injury, holding for ransom, or committing a sexual offense.
  
• Confining another person

A restraint is without consent if it is done through physical force, intimidation, or deception.

If the victim is a child under age 18 or is legally incompetent, and the victim’s lawful custodian has not acquiesced to that person’s movement and/or confinement.

Examples of Unlawful Imprisonment

Unlawful imprisonment is often charged in domestic disputes, but it can arise in many situations. Examples of unlawful imprisonment include:

• Blocking a doorway to prevent someone from leaving
  
• Locking someone in a room, vehicle, or home
  
• Using threats, intimidation, or deception

Exceptions to Unlawful Imprisonment

Some statutory exceptions exist to the definition of unlawful imprisonment under Arizona law. These include:

• The person exercising the restraint is a relative of the person being restrained, the sole purpose of the restraint is to assume lawful custody of the person being restrained, and no physical injury resulted from the restraint
  
• The person exercising the restraint is a peace officer or a detention officer, and that person is acting in good faith and in the lawful performance of that person’s official duty

Penalties for an Unlawful Imprisonment Conviction

The penalties for unlawful imprisonment depend greatly on the circumstances of the unlawful restraint.

Class 6 Felony Penalties

Unlawful imprisonment can be charged as a Class 6 felony. Penalties for a Class 6 felony conviction include:

• For a first, non-dangerous offense, probation is generally available, with a prison range of 3 months to 2 years if incarceration is imposed
  
• With one “historical prior felony conviction”, 9 months up to 2.75 years in prison
  
• With two “historical prior felony convictions”, 2.25 to 5.75 years in prison
  
• A fine of up to $150,000 for each count of unlawful imprisonment
  
• Possible loss of certain civil rights, like the right to vote or to possess a firearm

Under ARS 13-604(A), the court may designate a Class 6 felony as a Class 1 misdemeanor at sentencing or upon successful completion of probation if statutory conditions are met.

Class 1 Misdemeanor Penalties

If the person who commits unlawful imprisonment voluntarily releases the victim without physical injury and in a safe place before being arrested, then charges for unlawful imprisonment is a Class 1 misdemeanor with the following penalties:

• Up to 6 months in jail
  
• A fine of up to $2,500, plus possible additional surcharges
  
• Up to 3 years of probation

Possible Defenses to an Unlawful Imprisonment Charge

We have already mentioned some of the defenses to a charge of unlawful imprisonment above. These legal justifications are based on statutory provisions and include:

• The restraint was carried out by a peace officer or detention officer acting in good faith and in the lawful performance of that person’s duty.
  
• The defendant is a relative of the person restrained, the defendant’s sole intent is to assume lawful custody of that person, and the restraint was accomplished without physical injury.

Other possible defenses include:

• Acting in self-defense or the defense of others
  
• Exercising a shopkeeper’s privilege (when a store employee has reasonable cause to believe that a person is shoplifting and detains that person in a reasonable manner and for a reasonable amount of time while waiting for police to arrive and investigate)
  
• Protecting a person from self-harm, like by taking the car keys away from an intoxicated person
  
• A factual dispute exists about the nature and circumstances surrounding the allegations of restraint that creates reasonable doubt about whether you committed each of the elements of the offense
  
• The defendant did not “knowingly” restrain the victim

Have You Been Charged with Unlawful Imprisonment?

Unlawful imprisonment is a serious crime, even if it results in a misdemeanor conviction. You can lose your freedom, be subject to stiff fines, lose legal rights, and suffer other consequences, including a felony or misdemeanor on your criminal record.

You do not have to face a charge of unlawful imprisonment alone. The unlawful imprisonment attorneys at AZ Defenders can represent you in pretrial investigations, negotiations and in court. Call our law office today at 480-456-6400 or contact us online to schedule a free consultation for your unlawful imprisonment charge today.