Felony Kidnapping Defense Attorney in Colorado Springs
Colorado's criminal laws prohibit several different types of kidnapping and set felony penalties for those who are convicted of kidnapping. In Colorado, the phrase "felony kidnapping" may refer to any of the following acts.
First-degree kidnapping consists of a situation in which one person forcibly seizes or moves another person from one place to another, or entices that person to go from one place to another, or imprisons or hides any other person, with the purpose of getting someone to do something, agree to something, or give up something of value in order to get the kidnapped person back.
First-degree kidnapping is a class 1 felony if the kidnapped person is injured in the process, and a class 2 felony if the kidnapped person is released unharmed. If the kidnapped person is killed, anyone convicted of that person's kidnapping may face the death penalty under Colorado law.
Second-degree kidnapping can be committed by doing either one of the following things:
- Knowingly seizing and carrying another person from one place to another without that person's consent and without a legal reason, or
- Taking or enticing any child, other than one's own, for the purposes of making a deal with the child's parent(s) or legal guardian(s) to get him or her back.
If the facts proven in court are limited to one of the two scenarios above, second-degree kidnapping is a class 4 felony. However, second-degree kidnapping can be bumped up to a class 3 felony if the purpose of the kidnapping was to sell, trade, or barter the person in exchange for anything of value, or if the kidnapper used or threatened to use a deadly weapon. Second-degree kidnapping is a class 2 felony if the kidnapped person suffers sexual assault or robbery during the kidnapping.
Violation of a custody order or order relating to parental responsibilities also falls under the kidnapping statute. It consists of any person, including a child's natural parent, taking a child away from the adult(s) who have custody, when the person taking the child either knows he or she has no right to do so or doesn't bother to check whether or not he or she has the right to do so. This act is a class 5 felony, but it is increased to a class 4 felony if the child is taken out of the United States.
Enticement of a child occurs when a person tries to entice or lure a child under fifteen years old into any place for the purpose of committing sexual assault or an unlawful sexual contact with the child. Enticement is a class 4 felony, but it is increased to a class 3 felony if the person convicted of the enticement has a previous conviction for sexual assault against a child or if the child is injured.
Internet luring of a child is the only kidnapping-related crime in which the person convicted of the crime and the person he or she lured do not have to meet in person. It is enough under Colorado law if the person convicted used the internet or any other electronic means to contact a person whom the accused thought was fifteen years old or younger; the accused is at least four years older than the contacted person is or is believed to be; the accused send an explicit sexual description to that child, and the accused suggested he or she meet the child in person.
Internet luring of a child is a class 5 felony. If the court finds that the person being convicted of internet luring of a child intended to meet the child for sexual purposes, the act may be raised to a class 4 felony.
Kidnapping in is a serious, but complex, offense. If you're facing kidnapping charges, please don't hesitate to contact experienced Colorado Springs felony defense attorney Timothy Bussey at The Bussey Law Firm, P.C. Mr. Bussey can build an aggressive defense that protects your legal rights and fights for the best possible outcome in your case.