Without touching them, that it. Let's say Joe wants to leave a building, but Fred is angry with him and is blocking the door, yelling at him. Joe explains that he wants to leave and go home, but Fred is clearly obstructing him and becoming increasingly hostile in his speech and mannerisms. Fred tells him that he may not leave. What law(s) is Fred breaking?
2007-03-27 18:04:02 · 8 answers · asked by Down With Crack Whores And Pimps 1 in Politics & Government ➔ Law & Ethics
Answers from lawyers or law enforcement agents/officers would be greatly appreciated.
2007-03-27 18:04:37 · update #1
it is a form of intimidation and also verbal abuse and mental abuse it would go under domestic violence
2007-04-02 13:24:51 · answer #1 · answered by JENNIFER H 3 · 0⤊ 0⤋
The answer to this question depends on the state in which the offense is committed. In Illinois, the offense that covers this act, is called unlawful restraint, which is a felony.
Another possibility (again in Illinois...which is where I am from) is an assault. An assault occurs when you place a person in reasonable apprehension of receiving a battery. Assault requires more than words alone, so the question becomes, "does Fred's yelling and the act of blocking the door place Joe in fear of receiving a battery, and if so, is that fear a reasonable fear?"
Absent of asking an attorney or a knowledgeable police officer, my suggestion is to look in the state statutes for your jurisdiction. You may be able to find the statutes on-line or in your local library or courthouse.
2007-03-28 01:45:43 · answer #2 · answered by zoespetboy 2 · 1⤊ 0⤋
great guessing, you covered the bases well all, except the false imprisonment, since the person is not actually being imprisoned, they are being detained against thier will, it would be unlawful detention, kidnapping would require a more substantial act, since kidnapping requires intenet to not release you at any specified time or for any specified reason, while unlawful detention does not require intent to keep you for more then a short duration and the individual can have full intent to release you at a specified time, but the act of detaining you is unlawful in itself. Also you will have to specify if joe is a minor or not. unlawful detention of an adult is one charge, but if joe is a minor than it would spring a whole new world of charges on this fred fellow. for instance it would automatically be kidnapping. also there could be child endagerment for the hostile actions. wich leads us to the hostile part of the example. if you are being detained angainst your will and there is the implied sense of agression of pending physical harm then assault can be thrown in, but only in some states. then again the laws vary from state to state so you might find one state charging you with unlawful detention and another charging you with kidnapping.
2007-03-28 01:25:45 · answer #3 · answered by nyxcat1999 3 · 0⤊ 0⤋
Technically it could be charged as kidnapping. My last b/f did that to me and they charged him with that and it held a sentence of 20 years for that one charge alone.
2007-03-28 01:09:55 · answer #4 · answered by IamwhatIam♥♥♥♥♥ 5 · 1⤊ 0⤋
False imprisonment - perhaps kidnapping
2007-03-28 01:12:13 · answer #5 · answered by rokdude5 4 · 1⤊ 0⤋
Touching is battery with or without hitting which makes it assault and battery.
2007-03-28 01:24:58 · answer #6 · answered by acct10132002 4 · 0⤊ 1⤋
that would be classified as false imprisonment .or unlawful detention
2007-03-28 01:10:18 · answer #7 · answered by james w 3 · 1⤊ 0⤋
possibly unlawful restraint and intimidation.
2007-03-28 01:15:54 · answer #8 · answered by shadowdancr17 5 · 0⤊ 0⤋