Section 135.00 Unlawful imprisonment, kidnapping and custodial interference; definitions of terms
The following definitions are applicable to this article:
1. “Restrain” means to restrict a person’s movements intentionally and unlawfully in such manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent and with knowledge that the restriction is unlawful. A person is so moved or confined “without consent” when such is accomplished by (a) physical force, intimidation or deception, or (b) any means whatever, including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.
2. “Abduct” means to restrain a person with intent to prevent his liberation by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly physical force.
3. “Relative” means a parent, ancestor, brother, sister, uncle or aunt.
Section 135.05 Unlawful imprisonment in the second degree
A person is guilty of unlawful imprisonment in the second degree when he restrains another person.
Unlawful imprisonment in the second degree is a class A misdemeanor.
Post 79 is an excerpt from the NY State Penal Code.
The affected individual made a free choice to be duct taped to a flag pole. Since he made the free choice, there was no "unlawful imprisonment".
Nice try. Thank you for playing. Better luck next time.