Criminal Confinement is the act of holding someone without their consent. Often, this occurs when someone is being held without their consent in a closed off space such as a house, vehicle, or other enclosed area. In Indiana, criminal confinement is a serious felony that can have severe consequences for the accused. Not only does criminal confinement begin with a Level 6 Felony, but aggravating circumstances can increase the offense all the way up to a Level 2 Felony.
The main criminal confinement statute in Indiana is Indiana Code 35-42-3-3. Subsection (a) states that “A person who knowingly or intentionally confines another person without the other person’s consent commits criminal confinement.” However, subsection (b) lays out the circumstances in which the Level 6 Felony can be increased up to a Level 2 Felony. Subsection (b)(1) states that Criminal Confinement is a Level 5 Felony if the person being confined is 14 years of age or less and not the confining person’s child, is committed by using a vehicle, or if the confinement results in bodily injury to a person other than the confining person. Subsection (b)(2) labels the crime as a level 4 Felony if it results in moderate bodily injury to a person other than the confining person. The offense is a Level 3 Felony if it is committed while armed with a deadly weapon, if it results in serious bodily injury to a person other than the confining person, or if it is committed on an aircraft. Lastly, Criminal Confinement is a Level 2 Felony if it committed with intent to obtain ransom, while hijacking a vehicle, with intent to obtain the release or intent to aid in the escape of any person from lawful incarceration, or with the intent to use the person confined as a shield or hostage.
Criminal Confinement is not to be mistaken with kidnapping. A good way to remember the difference is that kidnapping will involve confinement, while criminal confinement may not always involve kidnapping. A Criminal Confinement offense will usually not involve the removal of the victim, which is needed for a kidnapping offense. In addition, as with every criminal offense, there are potential defenses to criminal confinement. A few defenses that may be used in these circumstances are voluntary consent to confinement, justification of arrest, and legal authority.