Establishes the offense of false imprisonment

SECOND REGULAR SESSION
HOUSE BILL NO. 2552
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MILLER.
5443H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 565, RSMo, by adding thereto one new section relating to the of fense of
false imprisonment, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 565, RSMo, is amended by adding thereto one new section, to be
2 known as section 565.131, to read as follows:
565.131. 1. A person commits the offense of false imprisonment if he or she
2 knowingly res trains or impedes the movement of another unlawfully and without
3 consent so as to interfere substantially with the individual's liberty .
4 2. The offense of false imprisonment is a class A misdemeanor unless the
5 individual unlawfully res trained is rem oved fr om this state, in which case it is a class E
6 felony .
7 3. A person who commits the offense of false imprisonment shall also be guilty of
8 the offense of assault in the third degr ee under section 565.054 if physical contact was
9 initiated by such person during the commission of the offense of false imprisonment. If
10 the person moves to block an individual, it shall be assumed that any subsequent
11 physical contact was initiated by the person who is in violation of this section.
12 4. It shall be deemed that an individual has met the individual's burden of proof
13 in a false imprisonment case and assumed that the individual fear ed for his or her life if
14 the individual attempts to ret reat and the person is behaving in an aggr essive or
15 thr eatening manner and the person is not mor e than:
16 (1) Seven feet fr om the individual; or
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (2) Seventy-five feet fr om the individual and the person is thr owing objects
18 capable of bodily harm to the individual.
19 5. A person shall be guilty of a violation of this section and section 565.054 if the
20 person commits such offense upon a motor vehicle that is occupied so long as the action
21 against the motor vehicle constitutes a felony offense, and it shall be assumed the
22 occupants in the motor vehicle fear for their lives.
23 6. A person shall be guilty of a violation of this section and section 565.054 if the
24 person commits such offense upon a building that is occupied so long as the action
25 against the building constitutes a felony offense, and it shall be assumed the individuals
26 within the building fear for their lives.
27 7. As used in this section, the following terms mean:
28 (1) "Interfer e substantially", includes, but is not limited to, the willful blocking
29 of an individual's right-of-way;
30 (2) "W illful blocking", includes, but is not limited to, establishing a grip or hold,
31 moving to block, or participating as part of a grou p that blocks rights-of-way on
32 sidewalks, road ways, or any other location in which another has a right or obligation to
33 be or to pro ceed. An individual with the right-of-way has no obligation to escape or
34 r etr eat.
✔
HB 2552 2