Kidnapping in Highlands Ranch and Castle Rock
There are two degrees of Kidnapping in Highlands Ranch and Castle Rock. These are First Degree Kidnapping, C.R.S. 18-3-301, and Second Degree Kidnapping, C.R.S. 18-3-302. Any time someone moves a person from one place to another without their consent, they will face accusations or charges of Kidnapping. The penalties for this crime greatly increase depending on what your intentions are with the person, following the kidnapping. You should always consult an experienced Castle Rock Kidnapping lawyer to defend you if facing charges or accusations of Kidnapping.
First Degree Kidnapping – C.R.S. 18-3-301:
(1) 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.(2) Whoever commits first degree kidnapping is guilty of a class 1 felony if the person kidnapped shall have suffered bodily injury; but no person convicted of first degree kidnapping shall suffer the death penalty if the person kidnapped was liberated alive prior to the conviction of the kidnapper.(3) Whoever commits first degree kidnapping commits a class 2 felony if, prior to his conviction, the person kidnapped was liberated unharmed.
Second Degree Kidnapping – C.R.S. 18-3-302:
(1) 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.(2) 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.(3) Second degree kidnapping is a class 2 felony if any of the following circumstances exist:(a) The person kidnapped is a victim of a sexual offense pursuant to part 4 of this article; or(b) The person kidnapped is a victim of a robbery.(4) (a) Unless it is a class 2 felony under subsection (3) of this section, second degree kidnapping is a class 3 felony if any of the following circumstances exist:(I) The kidnapping is accomplished with intent to sell, trade, or barter the victim for consideration; or(II) The kidnapping is accomplished by the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or(III) The kidnapping is accomplished by the perpetrator representing verbally or otherwise that he or she is armed with a deadly weapon.(b) A defendant convicted of second degree kidnapping committedunder any of the circumstances set forth in this subsection (4) shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.(5) Second degree kidnapping is a class 4 felony, except as provided in subsections (3) and (4) of this section.
Penalty for Kidnapping in Douglas County
As outlined in the Colorado Revised Statutes, Kidnapping convictions will result in Felony charges, ranging from Class 1 to Class 4 Felonies. The penalties are as follows:
Class 1 Felony
Punishable by life imprisonment or the death penalty. If the victim is returned alive, those convicted of a Class 1 Felony for First Degree Kidnapping will not face the possibility of the death penalty.
Class 2 Felonies are subject to a prison sentence between 8 and 24 years, and a fine between $5,000 and $1,000,000.
Penalties range from 4 – 12 years in the Colorado Department of Corrections and a fine between $3,000 and $750,000.
If convicted of a Class 4 Felony, you will be facing a minimum sentence of 2 years in prison and a fine of $2,000. The maximum sentence is 6 years in prison and a fine up to $500,000.
Is False Imprisonment the same thing as Kidnapping in Parker, Colorado?
No. While False Imprisonment has some similarities to Kidnapping, C.R.S. 18-3-303, involves the confining or detaining of a person without their consent. While typically charged as a misdemeanor, felony charges will incur depending on the manner of detaining/confining and the length of time the victim was confined/detained.
Charged with Kidnapping in Douglas County?
Call us at 303-265-1950
If you are facing charges for first or second degree kidnapping in Douglas County, contact the experienced criminal defense lawyers at Sawyer Legal Group today at 303-265-1950. Together, we can protect your future.