Checketts

Defendant Paul George Checketts appeals his conviction under Penal Code section 236 1 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 for false imprisonment of his child where the act of confinement is done with an intent to endanger the health and safety of the child, or to achieve an unlawful purpose, because such an act exceeds the scope of parental authority. We also find no merit in defendant’s instruction error claim and affirm the judgment.

Statement of Facts

The facts of the offense are not in dispute. Defendant continuously abused his wife and their minor children, claiming that he had a religious duty to *1193 discipline his family. He physically abused his wife so severely that he killed her unborn fetus.

Defendant…