§ 5.83.010. Unlawful restraint.


Latest version.
  • (1)

    Unlawful restraint is knowingly and without legal authority restraining another so as to interfere substantially with his or her liberty.

    (2)

    This section shall not apply to acts done in the performance of duty by any law enforcement officer of the State of Kansas or any political subdivision thereof.

    (3)

    Any merchant, or his or her agent or employee, who has probable cause to believe that a person has actual possession of and (a) has wrongfully taken, or (b) is about to wrongfully take merchandise from a mercantile establishment, may detain such person (a) on the premises or (b) in the immediate vicinity thereof, in a reasonable manner and for a reasonable period of time for the purpose of investigating the circumstances of such possession. Such reasonable detention shall not constitute an arrest nor an unlawful restraint.

    Any person who commits unlawful restraint within the corporate limits of the City of Wichita shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than two thousand five hundred dollars or imprisonment which shall not exceed one year, or by both such fine and imprisonment.

(Ord. No. 42-098; Ord. No. 47-090, § 7-25-06)