§707-722 Unlawful imprisonment in the second degree. (1) A person commits the offense of unlawful imprisonment in the second degree if the person knowingly restrains another person.

(2) In any prosecution under this section it is an affirmative defense, that (a) the person restrained was less than eighteen years old, (b) the defendant was a relative of the victim, and (c) the defendant's sole purpose was to assume custody over the victim. In that case, the liability of the defendant, if any, is governed by section 707-727 and the defendant may be convicted under section 707-727 although charged under this section.

(3) In any prosecution under this section it is an affirmative defense, that the person restrained (a) was on or in the immediate vicinity of the premises of a retail mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise; (b) was restrained in a reasonable manner and for not more than a reasonable time; (c) was restrained to permit such investigation or questioning by a police officer or by the owner of the retail mercantile establishment, the owner's authorized employee or agent; and (d) that such police officer, owner, employee or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft of merchandise on the premises.

(4) Unlawful imprisonment in the second degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1981, c 171, §2; gen ch 1993]