People v. Checketts

Opinion

McKINSTER, J.

Defendant Paul George Checketts appeals his conviction under Penal Code section 2361 for false imprisonment of his daughter A. He contends that, as a matter of law, he cannot be convicted of false imprisonment of his child because, as a parent, he has a right to detain his child at a particular location for any reason. He further contends that the trial court erred by failing to sua sponte instruct the jury that a parent may detain or restrain his child if it does not result in direct injury or harm to the child.

We hold that a parent is not immune from criminal prosecution…