Second-degree kidnapping in Colorado is a crime that involves moving someone from one location to another against their will and without authority. Whether done by force or persuasion, any allegation of kidnapping is taken seriously throughout Colorado. Movement and the length of time a victim is confined are key elements that elevate the charge from false imprisonment. Kidnapping is an especially serious crime, even in situations where the alleged victim isn’t harmed. If you or someone you know is facing a kidnapping charge, it is best to exercise your right to remain silent and connect with an experienced criminal lawyer.
Colorado 2nd Degree Kidnapping Law
Colorado’s 2nd degree kidnapping law prohibits unlawfully detaining someone and moving them in the process. CRS 18-3-302 defines kidnapping in the second degree in Denver, Aurora, and Lakewood. You commit second-degree kidnapping if you:
- knowingly seize and carry someone from one place to another,
- without their consent and without lawful justification
2nd degree kidnapping can also be charged for taking or enticing away a minor under 18 intending to conceal them from their parent / guardian or sell or trade them for consideration. The main element that separates 2nd degree kidnapping from 1st degree kidnapping is the lack of demanding payment for the person’s release.
Sentencing for Second-Degree Kidnapping in Colorado
Each kidnapping case is different. This offense includes a wide sentencing range. It is also an extraordinary risk crime, making the possible prison sentence longer. 2nd degree kidnapping is at minimum a class 4 felony, potentially resulting in:
- up to 8 years in the Colorado Department of Corrections,
- a fine range of $2K – $500K
Kidnapping charges that include an intent to sell or trade the victim for money, the threat or use of a deadly weapon, or robbing the victim can lead to several decades in prison and even higher fines. Furthermore, kidnapping that also includes a sex offense against the victim can result in an indeterminate prison sentence of 21 years to life.
Defense Attorney for Second-Degree Kidnapping
Kidnapping is a complex and serious offense that requires skilled representation for those facing allegations. Our strategic criminal lawyers have decades of combined experienced with serious felony cases and are prepared to fight the charges you or a loved one are facing. Perhaps you never moved the victim, the person went with you on their own accord, or they were moved to protect them in some way. That said, contact our office for a free, confidential consultation. We will carefully examine your unique case and recommend next steps in your defense. We offer same-day jail visits, affordable fees, and flexible payment plans for people facing kidnaping charges throughout Colorado.
Don’t talk to the police about kidnapping charges – talk to us. O’Malley and Sawyer, LLC 303-731-0719
Photo by Anastasia Shuraeva