A fourth degree felony shall be incurred if the crime of restriction of freedom is committed with concurrence of any of the following circumstances:
(a) By means of violence, intimidation, fraud or deceit.
(b) By simulating to be a public authority.
(c) By any public official or employee abusing the powers inherent to his/her authority or duties.
(d) Under the pretext that the restricted person suffers an illness or mental disability.
(e) To a person who has not attained eighteen (18) years of age, has disabilities and is unable to care for him/herself, or is mentally ill.
History —June 18, 2004, No. 149, § 168, eff. May 1, 2005.