Kidnapping is a serious crime in Colorado that involves imprisoning someone and moving them between locations. When these actions are done by force or via unlawful enticement or persuasion, severe criminal penalties can result. Closely related to false imprisonment, kidnapping differs in that it involves movement of the victim and keeping someone somewhere for an extended period of time. With severe penalties possible for conviction, representation from a skilled kidnapping defense attorney is crucial if facing charges.
First and Second Degree Kidnapping in Colorado
C.R.S. 18-3-302 and 18-3-301 defines the specific elements of kidnapping throughout the state of Colorado:
- “Any person who knowingly seizes and carries any person from one place to another, without his consent and without lawful justification, commits second degree kidnapping.”
- “Any person who takes, entices, or decoys away any child not his own under the age of eighteen years with intent to keep or conceal the child from his parent or guardian or with intent to sell, trade, or barter such child for consideration commits second degree kidnapping.”
- “Any person who does any of the following acts with the intent thereby to force the victim or any other person to make any concession or give up anything of value in order to secure a release of a person under the offender’s actual or apparent control commits first degree kidnapping;
(a) Forcibly seizes and carries any person from one place to another; or
(b) Entices or persuades any person to go from one place to another; or
(c) Imprisons or forcibly secretes any person.”
The biggest factor that differentiates 1st degree kidnapping from 2nd degree kidnapping in Denver is the ransom element.
Is Kidnapping a Felony in Denver?
Kidnapping is a felony offense in Denver and throughout Colorado. Even if the victim is unharmed and not held for ransom, conviction can result in up to 8 years in the Colorado Department of Corrections, as well as fines of up to $500,000. Decades in prison are possible if there is an intent to trade the victim for money or drugs, the defendant robbed the victim, or use or threat of a deadly weapon was present. Finally, life imprisonment can apply if a sex offense was committed against a kidnapping victim via force or use of a deadly weapon.
Denver Kidnapping Defense Attorney
Kidnapping charges can result from more common occurrences than one might think. Moving a spouse to another room during an argument, navigating a messy divorce / custody battle, or taking your child on a vacation without your ex’s permission can all result in serious felony charges. Fortunately, Denver’s best criminal defense lawyers are prepared to form a strong defense to kidnapping charges. Perhaps you didn’t physically move anyone or the alleged victim willingly came along with you. Nevertheless, contact our office as soon as possible for a free initial consultation. We will carefully analyze your kidnapping case and suggest next steps, all while prioritizing the best possible outcome.
If you or someone you know is facing kidnapping charges in Colorado, be smart. Contact the skillful defense lawyers at O’Malley and Sawyer, LLC at 303-731-0719. Together, we can protect your future.
Photo by Dan Gold