§ 22-35. Criminal restraint.

(a)

Criminal restraint is defined as knowingly and without legal authority restraining another person so as to interfere substantially with such person's liberty.

(b)

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

(c)

Any merchant or a merchant's agent or employee who has probable cause to believe that a person has actual possession of and has wrongfully taken, or is about to wrongfully take, merchandise from a mercantile establishment, may detain such person on the premises or 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 criminal restraint.

(d)

Criminal restraint is a class A violation.

(Code 1988, § 22-18; Ord. No. 65498, § 4, 1-4-1990; Ord. No. 65883, § 3, 3-10-1994)

State law reference

Similar provisions, K.S.A. 21-3424.