Sec. 14-18.  False imprisonment in the second degree.


(a)   A person commits false imprisonment in the second degree if he knowingly restrains another person without legal authority.


(b)   In any prosecution under this section, it shall be an affirmative defense that the person restrained:


(1)       Was on or in the immediate vicinity of the premises of a retail mercantile establishment and he was restrained for the purpose of investigation or questioning as to the ownership of any merchandise; and

(2)       Was restrained in a reasonable manner and for not more than a reasonable time; and

(3)       Was restrained to permit such investigation or questioning by a police officer, or by the owner of the mercantile establishment, his authorized employee or agent; and

(4)       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;


Provided nothing in this section shall prohibit or restrict any person restrained pursuant to this section from maintaining any applicable civil remedy if no theft has occurred.


(c)   False imprisonment in the second degree is an offense.


(d)   As used in this section, unless the context otherwise requires:


(1)       Restrain shall mean to restrict a person's movement in such a manner as to interfere substantially with his liberty:

a.         By means of force, threat, or deception; or

b.         If the person is under the age of eighteen (18) years or incompetent, without the consent of the relative, person, or institution having lawful custody of him; and


(2)       Abduct shall mean to restrain a person with intent to prevent his liberation by:

a.         Secreting or holding him in a place where he is not likely to be found; or

b.         Endangering or threatening to endanger the safety of any human being.

State law reference--Similar provisions, R.R.S. 1943, 28-312, 28-315.