California Penal Code §236 — False Imprisonment
PC §236 defines false imprisonment as the unlawful violation of another person's personal liberty. Simple false imprisonment is a misdemeanor under §237(a). When accomplished by violence, menace, fraud, or deceit, it becomes a felony carrying 16 months, 2, or 3 years in state prison.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · False Imprisonment Cases in All LA County Courts
01 — Quick Facts
PC §236 — False Imprisonment at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §236 — False Imprisonment |
| Code Type | Penal Code (PC) |
| Classification | Wobbler — misdemeanor (§237(a)) or felony (violence/menace/fraud/deceit) |
| Simple | Up to 1 year county jail, $1,000 fine |
| Felony | 16 months, 2, or 3 years state prison (§237(a)) |
| Elder Victim §368 | Elevated exposure — 2, 3, or 4 years state prison |
| Strike | No — unless GBI enhancement or gang enhancement attaches |
| Related Statute | PC §236.1 (human trafficking) — separate, more serious offense |
| Kidnapping Distinction | PC §207 requires movement 'substantial in character'; §236 does not |
| Immigration | CIMT when accomplished by violence, menace, or deceit |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §236?
What Is California Penal Code §236?
PC §236 Reads:
"False imprisonment is the unlawful violation of the personal liberty of another. False imprisonment is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. If the false imprisonment be effected by violence, menace, fraud, or deceit, it shall be punishable by imprisonment in the state prison."
— California Penal Code §§236, 237(a)
False imprisonment is one of the broadest liberty offenses in California. Any restraint that confines another person — for any period of time, however brief — can qualify. The statute reaches physical restraint, threats, and even fraudulent inducement (locking a passenger in a car, blocking a doorway during a domestic argument, holding a phone away from a person trying to call 911). The felony/misdemeanor line turns entirely on whether force, threat, deception, or fraud accomplished the restraint.
§236 vs §207 — Restraint vs Movement
Kidnapping under PC §207 requires movement 'substantial in character' — asportation. False imprisonment does not. This is the single most useful distinction at the preliminary hearing: when the alleged movement is trivial or incidental to another offense, §236 is the correct filing and §207 is not.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §236
The prosecution must prove each element beyond a reasonable doubt (CALCRIM 1240 / 1242).
Intentional Restraint
Defendant intentionally and unlawfully restrained, confined, or detained another person.
Compelled Movement or Location
The restraint compelled the victim to stay or go somewhere against their will.
Without Consent
The alleged victim did not consent, or consent was procured by fraud or deceit.
Violence, Menace, Fraud, or Deceit (felony tier)
For felony §236, the restraint was accomplished by violence, menace, fraud, or deceit.
04 — Penalties
Penalties for PC §236 False Imprisonment in California
§237 sets punishment. Simple false imprisonment is a misdemeanor; qualified false imprisonment is a state-prison felony.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Misdemeanor False Imprisonment (§237(a)) | PC §236 / §237(a) | Up to 1 year county jail | Available | No |
| Felony False Imprisonment (§237(a)) | PC §236 / §237(a) | 16 months, 2, or 3 years state prison | Available | No (unless enhanced) |
| False Imprisonment of Elder (§368(f)) | PC §368(f) | 2, 3, or 4 years state prison | Available | No |
Sentencing Enhancements
Great Bodily Injury
PC §12022.7
+3 years for GBI inflicted during the restraint; up to +5 years for elderly or child victims.
Gang Enhancement
PC §186.22
+2, 3, or 4 years for gang-purpose false imprisonment.
Firearm Use
PC §12022.5
3, 4, or 10 years for personal firearm use during the restraint.
Additional Consequences Beyond Prison
- Firearm ban on any felony conviction (PC §29800)
- Immigration: CIMT when accomplished by violence, menace, or deceit
- Automatic stay-away/CPO on DV-context filings
- Peace-officer, security-guard, and healthcare-license consequences
- Loss of custody in parallel family-court proceedings
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §236 False Imprisonment Charges
§236 defenses focus on consent, the absence of restraint, and the felony aggravators.
Consent
Voluntary presence — even during a heated argument — is not §236. Consent negates the offense (CALCRIM 1240).
CALCRIM 1240
No Restraint
Standing near a doorway, sitting in a shared vehicle, or being present in a home the victim can leave is not restraint.
Element Failure
No Violence, Menace, Fraud, or Deceit
Absent an aggravator, the case is a §237(a) misdemeanor — not a state-prison felony.
Citizen's Arrest / Shopkeeper Privilege
PC §837 and §490.5 provide affirmative privilege for detentions supported by probable cause.
PC §837
Self-Defense / Defense of Others
Restraint reasonably necessary to prevent imminent harm is not unlawful.
Self-Defense
Constitutional Sources
07 — Court Process
How PC §236 False Imprisonment Cases Move Through Los Angeles Courts
§236 cases move through either the misdemeanor or felony calendar depending on how the DA charges the aggravators.
- 1
Step 1 — Arrest / Investigation
Frequently arises out of a domestic-violence, workplace, or shoplifting-detention incident.
- 2
Step 2 — Filing Decision
DA elects §236 misdemeanor (§237(a)) or felony (§237(a) with violence/menace/fraud/deceit).
- 3
Step 3 — Arraignment
Bail schedule for felony §236 sets initial exposure at $50,000+ in LA County.
- 4
Step 4 — Preliminary Hearing
Aggravator element (violence/menace/fraud/deceit) is the primary battleground.
- 5
Step 5 — PC §17(b) Reduction Motion
Post-prelim reduction to misdemeanor is a routine defense objective.
- 6
Step 6 — Trial or Plea
Plea negotiations often trade felony §236 for §237(a) misdemeanor or PC §415 disturbing the peace.
- 7
Step 7 — Sentencing
Probation with anger-management or DV-counseling programs is common.
Los Angeles Courts That Handle PC §236 False Imprisonment Cases
§236 is heard in the general criminal calendar of the district courthouse where the restraint occurred.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles False Imprisonment Defense Attorney
Daniel S. Rubin has defended clients charged with false imprisonment and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §236 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | False Imprisonment Cases Throughout LA County
09 — FAQs
PC §236 False Imprisonment Questions — Los Angeles
What is the difference between §236 and kidnapping?
Kidnapping (PC §207) requires movement 'substantial in character.' False imprisonment (PC §236) does not — any restraint of personal liberty is enough.
Is felony §236 a strike?
No — false imprisonment is not a strike offense by itself, though GBI or gang enhancements can be. §236.1 human trafficking is a separate strike offense.
Can felony §236 be reduced to a misdemeanor?
Yes — through preliminary-hearing motion, plea negotiation, or PC §17(b) reduction after probation.
Is holding someone's phone a §236 violation?
Yes — blocking a person from leaving or from calling 911 has been treated as false imprisonment (People v. Islas).
Available 24/7 — Free Consultation
Charged With PC §236 False Imprisonment in Los Angeles?
The felony/misdemeanor line on §236 turns on a single word: aggravator. Rubin Law, P.C. attacks that element aggressively. Call (213) 723-2337.