P v. Ghipriel (4th Dist., Div.1) Force Used In Sexual Assault of Cornered Victim Constituted "Violence" Elevating False Imprisonment To a Felony.

Mr. Ghipriel owned a steakhouse.  His victim was a recent high school grad employed as a hostess at his steakhouse.  Ghipriel's behavior toward the victim began as antediluvian and quickly devolved from there.  

The culmination of Ghipriel's course of crude sexual assaults constituted pulling the victim into his office, locking the door, cornering her, before groping her and rubbing his penis against her stomach.  This he did at least three times.

For his transgressions, Ghipriel was convicted by a jury of, among other crimes, three counts of felony false imprisonment.  He appealed these convictions, arguing the evidence was insufficient that he used violence to imprison the victim.

The Fourth District affirms.

In California, the crime of false imprisonment can be a misdemeanor or a felony.  False imprisonment that involves the use of violence is a felony.  Violence, in this context, is when the "force used is greater than that reasonably necessary to effect the restraint".  If force used is only that necessary to keep the person from leaving, it's a misdemeanor.  If additional force, beyond that needed to keep the person from leaving, is used, it's a felony.

Ghipriel locked the victim in his office and cornered her, preventing her from leaving.  Then he groped her, which required the use of physical force.  Groping the victim was not necessary to prevent her from leaving (the locking and cornering were sufficient), hence it involved a degree of force greater than that needed simply to keep the victim restrained.