Blocking the Door: Unlawful Imprisonment in Michigan Domestic Cases (MCL 750.349b)

Keeping someone from leaving during an argument can become unlawful imprisonment under MCL 750.349b, but only when two things are present: a knowing restraint, and one of three circumstances listed in the statute.^[1] When both are present the offense is a felony punishable by up to 15 years in prison, a fine of up to $20,000, or both.^[2]

If you are in immediate danger, call 911. The National Domestic Violence Hotline answers around the clock at 1-800-799-SAFE (7233), or text START to 88788.^[5] Michigan's statewide VOICES4 hotline takes calls and texts at 855-864-2374.^[6][7]

The maximum is high for conduct that can be brief: the statute says the restraint need not last any particular length of time and may be incidental to other criminal acts.^[3] This page explains what the statute requires, what "restrain" means, how the charge differs from kidnapping, and which other charges can appear beside it.

What does the prosecutor have to prove?

A person commits unlawful imprisonment "if he or she knowingly restrains another person under any of the following circumstances":^[1]

1. The person is restrained by means of a weapon or dangerous instrument.^[1]
2. The restrained person was secretly confined.^[1]
3. The person was restrained to facilitate the commission of another felony or to facilitate flight after commission of another felony.^[1]

So the charge has two layers. The first is the same in every case: a knowing restraint. The second is one, and only one is needed, of the three circumstances.^[1]

What "restrain" means

The statute defines the word. "Restrain" means "to forcibly restrict a person's movements or to forcibly confine the person so as to interfere with that person's liberty without that person's consent or without lawful authority."^[1]

Three parts of that definition do most of the work:

• Forcibly. The restriction or confinement is forcible.^[1]
• Interference with liberty. The restriction or confinement interferes with the other person's liberty.^[1]
• No consent or lawful authority. It is done without the person's consent or without lawful authority.^[1]

The definition then adds a sentence that explains why this charge shows up in short, fast-moving incidents: "The restraint does not have to exist for any particular length of time and may be related or incidental to the commission of other criminal acts."^[3] There is no minimum number of minutes, and the restraint does not have to be the main event.

The three circumstances, one at a time

A weapon or dangerous instrument

The first circumstance applies when the person is restrained "by means of a weapon or dangerous instrument."^[1] The section does not define either term.^[1] Where a weapon is involved, the same facts can also be examined under the felonious assault statute, which covers an assault with a gun, knife, club, or other dangerous weapon and carries a maximum of 4 years.^[8] See Felonious assault in domestic cases.

Secret confinement

"Secretly confined" means either to keep the confinement of the restrained person a secret or to keep the location of the restrained person a secret.^[1] The focus is on secrecy, either about the fact that the person is being held or about where.

Facilitating another felony, or flight after one

The third circumstance applies when the person was restrained "to facilitate the commission of another felony or to facilitate flight after commission of another felony."^[1] The text says "felony." A first-offense domestic assault is a misdemeanor.^[9] Several offenses that arise in domestic incidents are felonies, including assault by strangulation or suffocation, felonious assault, and willfully and maliciously preventing a communication under MCL 750.540.^[10][8][11] Whether a restraint was done "to facilitate" one of them is a question of fact in the individual case.

So is blocking the door a 15-year felony?

Standing in a doorway does not, by itself, satisfy every part of the statute. There has to be a forcible restriction or confinement, and there has to be a weapon or dangerous instrument, secret confinement, or a connection to another felony.^[1] Two opposite mistakes are treating every refusal to let someone leave as unlawful imprisonment, and assuming that a restraint lasting only a moment cannot qualify. The statute rejects the second assumption in terms: no particular length of time is needed.^[3]

Conduct that falls short of this statute can still be charged as something else. An assault does not require touching; it includes an act that would cause a reasonable person to fear or apprehend an immediate battery.^[12] A battery is a forceful, violent, or offensive touching that is intended and against the other person's will.^[13] Between people in a domestic relationship, either is a domestic assault.^[9] See Domestic assault explained.

Penalty and sentencing

Item	What the sources say
Level	Felony[2]
Maximum prison term	15 years[2]
Maximum fine	$20,000[2]
Sentencing guidelines class	Class C, crime against a person[14]
Other charges from the same conduct	Allowed; the section does not prohibit charging, convicting, or sentencing for any other violation committed while violating it[4]

The 15-year figure is a statutory maximum. How a guidelines class is turned into a sentencing range is explained in Felony sentencing guidelines.^[2][14]

As a felony, the case begins in district court with an arraignment, a probable cause conference and a preliminary examination and, if bound over, is tried and sentenced in circuit court.^[15][16] The stages are set out in the felony case timeline and Preliminary examination.

How it differs from kidnapping

Feature	Unlawful imprisonment	Kidnapping
Core act[1][17]	Knowingly restrains another person	Knowingly restrains another person
What else is needed[1][17]	One of three circumstances: weapon or dangerous instrument, secret confinement, or facilitating another felony or flight	Intent to do a listed thing, such as hold for ransom or reward, use as a shield or hostage, engage in criminal sexual penetration or contact, take the person outside the state, or hold in involuntary servitude
Maximum[2][17]	15 years or $20,000, or both	Life or any term of years or $50,000, or both

A different statute applies to a parent who takes a child, or retains a child for more than 24 hours, with the intent to detain or conceal the child from another parent or legal guardian who has custody or parenting time rights under a lawful court order.^[18] That subject is touched on in Domestic violence and child custody.

Charges that can accompany it

• Domestic assault. A first offense is a misdemeanor punishable by up to 93 days and $500.^[9]
• Assault by strangulation or suffocation. A felony punishable by up to 10 years.^[10] See Assault by strangulation.
• Interfering with a communication. Willfully and maliciously breaking a phone, or preventing a call, is a felony punishable by up to 2 years.^[11] See Taking a phone or stopping a 911 call.
• Torture. In the most serious cases, inflicting great bodily injury or severe mental pain or suffering on a person within the accused's custody or physical control, with intent to cause cruel or extreme pain and suffering, is punishable by life or any term of years.^[19]

Because the unlawful imprisonment statute expressly permits other charges for conduct committed while violating it, these counts can be brought together.^[4] How a prosecutor chooses among them is discussed in Who decides to file charges.

How long does the prosecutor have to charge it?

Michigan's limitations statute gives a 10-year period for a list of offenses that includes "kidnapping," and a 6-year period for offenses not otherwise listed.^[20][21] The list does not name unlawful imprisonment, and the sources reviewed for this guide do not answer whether the word "kidnapping" in that list reaches MCL 750.349b.^[20] The general rules are in Statute of limitations for domestic violence.

Common points of dispute

Each word in the definition is something the prosecutor has to establish, so each is a place where the evidence can fall short.^[1]

• Was there force? The definition speaks of forcibly restricting or forcibly confining.^[1]
• Was it knowing? The statute requires that the person "knowingly restrains" another.^[1]
• Was there consent or lawful authority? The definition covers a restraint done "without that person's consent or without lawful authority."^[1]
• Is one of the three circumstances actually present? Without a weapon or dangerous instrument, secret confinement, or a link to another felony, the offense is not made out.^[1]

Why one person held another back can also matter. Self-defense and defense of others are explained in Self-defense law in Michigan and Defenses to domestic violence charges.