That’s basically the same as in the US, but also subtly different. Here, again, kidnapping requires some “nefarious” intent. Which is why hog tying a trespasser and taking them to the local police, in the US, would not qualify as kidnapping. It would lack the nefarious intent. False imprisonment, your unlawful confinement, doesn’t require any nefarious intent. But, just like that link you posted says for Canada, in the US, kidnapping would, by definition, also include all of the necessary elements of false imprisonment. It’s what we call a lesser included offense. In other words, you can’t kidnap someone without also falsely imprisoning them. But you can falsely imprison someone without kidnapping them.
13 Likes