In re Rashaun S.

Kavanagh, J. (dissenting in part).

Because I do not believe that appellant’s actions, even viewed in their worst light, measure up to the crime of unlawful imprisonment in the second degree, I must respectfully dissent.

Both appellant and the victim were, at the time of the incident, 11-year-old students attending fifth grade at the same elementary school. According to the victim, at approximately 2:00 p.m. on January 9, 2006, he left his classroom to use the bathroom located 5 to 10 feet down the hall. As he was about to wash his hands, appellant and Jamel S., another fifth grade student…