D hopes P won't see him, but P does. P is frightened, but the shot misses. D as a practical joke points a toy pistol at P, hoping that P will falsely think that P is about to be shot. She may not recover for her apprehension that someone else will be so touched. D shoots and misses.
False imprisonment is defined as the intentional infliction of a confinement .
She does not, and D lets her go. This is false imprisonment, because D has intentionally confined P for a substantial time. P must show that D either intended to confine him, or at least that D knew with substantial certainty that P would be confined by D' s actions. The tort of false imprisonment cannot be committed merely by negligent or reckless acts. D, a shopkeeper, negligently locks the store while P, a customer, is in the bathroom.