Emotional Intelligence | Stevehein.com

Unlawful Confinement

Recently I wrote about "isolation" and "In School Suspension- ISS". This type of punishment, often used in schools, is clearly psychologically abusive. It also seems to be illegal, at least in the USA. But I just realized I don't have any writing about unlawful confinement, so I will make this temporary page.

From what I read, the laws seem to imply that, in the USA, confining anyone over 14 is illegal, whether at school or at home. Yet parents often ground teenagers and schools often confine them in schools and ISS rooms. In fact, the whole idea of forcing young people to be in schools seems to conflict with the laws on illegal confinement.

Here are some things I found and some writing from my journal in opendiary.com

Criminal confinement and grounding - 10/26/2000

Today I came across this from the Indiana laws

IC 35-42-3-3

Sec. 3. A person who knowingly or intentionally:
(1) confines another person without the other person's
consent; or (2) removes another person, by fraud,
enticement, force, or threat of force, from one (1) place
to another; commits criminal confinement, a Class D felony.
However, the offense is a Class C felony if the other person
is less than fourteen (14) years of age and is not the person's
child, and a Class B felony if it is committed while armed
with a deadly weapon or results in serious bodily injury to another person.

As I read this if you live in Indiana, are over 13 and are
"grounded" by your parents, your parents are guilty of criminal
confinement.

Interestingly, if you are 13 or under and someone else confines
you, it is a worse offense. But if it is your parents it is okay.

This is another example of the double standard in law for parents
to have legal rights to abuse their children in ways that no one
else can do. By the way in many states teachers are also permitted
to do things, like "paddling" which would be assault if any one
besides a teacher or parent did it.

If you are a teen, I advise you to start learning about the laws in
your state or country. You might be surprised at what you find. And
it might help inspire you to change your immediate situation or
change the system.

Source:
http://www.in.gov/legislative/ic/code/title35/ar42/ch3.html

see section IC35-42-3-3

Offline Copy


 

I also found this

(IF THE PERSON ALLEGED TO HAVE BEEN REMOVED OR CONFINED IS 14 YEARS OF AGE OR OLDER, AND NOT INCOMPETENT USE THE FOLLOWING) A removal (or confinement) is "unlawful" if it is accomplished by force, threat or deception

(IF THE PERSON REMOVED OR CONFINED IS UNDER THE AGE OF 14 OR INCOMPETENT, USE THE FOLLOWING) In the case of a person who is under the age of 14 or who is incompetent, a removal ( or confinement) is "unlawful" if it is accomplished without the consent of a parent, guardian, or other person responsible for the general supervision of (his/her) welfare.

from www.judiciary.state.nj.us/criminal/charges/kidnap1.doc

 

So again it looks like the laws are different if a person is your child. It looks like a parent can confine or "remove" anyone under 14. But it also looks like not even a parent can confine or remove someone 14 or older. Though I doubt anyone would take a 14 year old seriously who said my parents or teachers are grounding me, or keeping me in school against my will, (or putting me in ISS)

 

Also found this

…A removal or confinement is unlawful within the meaning of this Section if it is accomplished by force, threat, or deception…. 

on a page at from the Harvard Law School website.

http://www.law.harvard.edu/academics/registrar/exams_04-05/rtf/weinreb6.rtf

 

Offline copy of Indiana Law

 

Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
03/01/2006 04:10:00 AM EST IC 35-42-3
     Chapter 3. Kidnapping and Confinement

IC 35-42-3-1
Definition
     Sec. 1. As used in this chapter, "confine" means to substantially interfere with the liberty of a person.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.33.

IC 35-42-3-2
Kidnapping
     Sec. 2. (a) A person who knowingly or intentionally confines another person:
        (1) with intent to obtain ransom;
        (2) while hijacking a vehicle;
        (3) with intent to obtain the release, or intent to aid in the escape, of any person from lawful detention; or
        (4) with intent to use the person confined as a shield or hostage;
commits kidnapping, a Class A felony.
    (b) A person who knowingly or intentionally removes another person, by fraud, enticement, force, or threat of force, from one place to another:
        (1) with intent to obtain ransom;
        (2) while hijacking a vehicle;
        (3) with intent to obtain the release, or intent to aid in the escape, of any person from lawful detention; or
        (4) with intent to use the person removed as a shield or hostage;
commits kidnapping, a Class A felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.34; Acts 1978, P.L.144, SEC.4.

IC 35-42-3-3
Criminal confinement
     Sec. 3. (a) A person who knowingly or intentionally:
        (1) confines another person without the other person's consent; or
        (2) removes another person, by fraud, enticement, force, or threat of force, from one (1) place to another;
commits criminal confinement. Except as provided in subsection (b), the offense of criminal confinement is a Class D felony.
    (b) The offense of criminal confinement defined in subsection (a) is:
        (1) a Class C felony if the person confined or removed is less than fourteen (14) years of age and is not the confining or removing person's child; and
        (2) a Class B felony if it:
            (A) is committed while armed with a deadly weapon;
            (B) results in serious bodily injury to a person other than the confining or removing person; or
            C) is committed on an aircraft.