Kidnapping Charges

Denver Area Kidnapping Defense

Kidnapping, whether in Federal or Colorado court, is a very serious offense. Knowing your attorney is experienced in this type of case is invaluable. I have considerable experience in defending kidnapping cases, including cases where the prosecution is seeking the death penalty. If you are charged with kidnapping or law enforcement officers wish to talk to you about a kidnapping (or associated crime) DO NOT hesitate, call my office before your rights have been compromised.

Federal Kidnapping Laws

Title 18 U.S.C. sec. 1201

Class A felony
Possible sentence: Any term of years or for life. If death of any person results from the acts then life without the possibility of parole or death.
The federal kidnapping statute is very inclusive in its language. In its simplest terms it prohibits any person from unlawfully seizing, confining, inveigling, decoying, kidnapping, abducting or carrying away and holding for ransom or reward or otherwise any person across state lines, regardless of whether the person was alive at the time of crossing state lines or uses the mail or any means affecting interstate commerce (telephone, cell phone, instant messaging, computer networks, telegrams, etc.) in furtherance of the offense. If the victim has not been released within 24 hours of being unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away a rebuttable presumption such person has been transported across state lines is created.

Conspiracy to kidnap
When two or more persons conspire to "kidnap" a person and one or more of them commits an overt act in furtherance of the "kidnapping" each person shall be punished by a term of years or for life.

Attempt to kidnap
Whoever attempts to violate this statute shall be punished by no more than twenty (20) years.

If the victim is under the age of 18 years
If the offender has attained 18 years of age and is not a relative or legal custodian of the victim the sentence shall not be less than 20 years.

Colorado Kidnapping Laws

There are 6 different categories of kidnapping:

First Degree Kidnapping

Class 1 felony
Possible sentence: Life without the possibility of parole or death
A person can be charged with First Degree Kidnapping if any of the following apply:
A person with the intent to force the victim or any other person to make any concession or give up anything of value in order to secure the release of a person under the offender's actual or apparent control; or,
Forcibly seizes and carries any person from one place to another; or,
Entices or persuades any person to go from one place to another; or,
Imprisons or forcibly secretes any person.
NOTE: if the person kidnapped was liberated alive prior to the conviction of the kidnapper then the person convicted shall NOT be subject to the death penalty.

Class 2 felony
Possible sentence: 8 - 24 years in prison with a mandatory parole term of 5 years upon release.
A person is subject to the Class 2 felony of First Degree Kidnapping if prior to conviction the person kidnapped is liberated unharmed.

Second Degree Kidnapping

Class 4 felony
Possible sentence: 2 - 6 years in prison with a mandatory parole term of 3 years following release.
A person can be charged with Second Degree Kidnapping if any of the following apply:
Any person who knowingly seizes and carries any person from one place to another, without his/her consent and without lawful justification, or
Any person who takes, entices, or decoys away any child, not his own, under the age of 18 years with the intent to keep or conceal the child from his/her parent or with intent to sell, trade or barter such child for consideration.

Class 3 felony
Possible sentence: 4 - 12 years in prison with a mandatory parole term of 5 years following release.
A person can be charged with the Class 3 felony of Second Degree Kidnapping if any of the following apply:
The kidnapping is accomplished with intent to sell, trade, or barter the victim for consideration; or
The kidnapping is accomplished by 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
The kidnapping is accomplished by the perpetrator representing verbally or otherwise that he or she is armed with a deadly weapon.

Class 2 felony
Possible sentence: 8 -24 years in prison with a mandatory parole term of 5 years following release.
A person can be charged with the Class 2 felony of Second Degree kidnapping if any of the following apply:
The person kidnapped is a victim of a sexual offense; or
The person kidnapped is a victim of a robbery.

False Imprisonment

Class 2 misdemeanor
Possible sentence: 3 months - 1 year in jail; $250 - $1000 fine or both
A person can be charged with a Class 2 Misdemeanor False Imprisonment if any of the following apply:
Any person who knowingly confines or detains another without the other's consent and without proper legal authority.
NOTE: This does not apply to a peace officer acting in good faith within the scope of his/her duties.

Class 5 felony
Possible sentence: 1 - 3 years in prison with a mandatory parole term of 2 years following release.
A person can be charged with the Class 5 felony of False Imprisonment if any of the following apply:
The person uses force or threat of force to confine or detain the other person; AND
The person confines or detains the other person for twelve (12) hours or longer.

Violation of Custody Order or Order Relating to Parental Responsibilities

Class 5 felony
Possible sentence: 1 - 3 years in prison with a mandatory parole term of 2 years following release.
A person can be charged with Violation of Custody Order or Order Relating to Parental Responsibilities if any of the following apply:
1) Any person, including a natural or foster parent who, knowing that he or she has no privilege to do so or heedless in that regard, takes or entices any child under the age of eighteen (18) years from the custody or care of the child's parents, guardian, or other lawful custodian or person with parental responsibilities with respect to the child.
2) Any parent or other person who violates an order of any district or juvenile court of this state, granting the custody of a child or parental responsibilities with respect to a child under the age of eighteen (18) years to any person, agency, or institution, with the intent to deprive the lawful custodian or person with parental responsibilities of the custody or care of a child under the age of eighteen (18) years.

Class 4 felony
Possible sentence: 2 - 6 years in prison with a mandatory parole term of 3 years following release.
A person can be charged with the Class 4 felony of Violation of Custody Order or Order Relating to Parental Responsibilities if the following applies:
The person removed a child under eighteen (18) from this country.

Affirmative Defense: The offender reasonably believed that his/her conduct was necessary to preserve the child from danger to his/her welfare, or that the child, being at the time more than fourteen (14) years old, was taken away at his/her own instigation without enticement and without purpose to commit a criminal offense with or against the child.

Enticement of a child

Class 4 felony
Possible sentence: 2 - 6 years in prison with a mandatory parole term of 3 years following release.
A person can be charged with Enticement of a Child if any if the following applies:
If a person invites or persuades, or attempts to invite or persuade, a child under the age of fifteen (15) years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact upon said child. It is not necessary to a prosecution for attempt under this law that the child have perceived the defendant's act of enticement.

Class 3 felony
Possible sentence: 4 -12 years in prison with a mandatory parole term of 5 years following release.
A person can be charged with the Class 3 felony of Enticement of a child if any of the following applies:
1) the defendant has a previous conviction for Enticement of a child or sexual assault on a child or for conspiracy to commit or the attempted commission of either offense; or,
2) If the enticement of a child results in bodily injury to that child.

Internet Luring of a Child

Class 5 felony
Possible sentence: 1 - 3 years in prison with a mandatory parole term of 2 years following release.
A person can be charged with Internet Luring of a Child if any if the following applies:
A person knowingly communicates a statement over a computer or computer network to a person, who the actor know OR believes, is under fifteen (15) years of age, describing explicit sexual conduct and, in connection with the communication, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor is more than four (4) years older than the person or than the age the actor believes to person to be.
NOTE: It is NOT a defense that the meeting did not occur.
NOTE: It is NOT a defense that the person the actor was communicating was in actuality a police officer and not an individual who was really under the age of fifteen (15).

Class 4 felony
Possible sentence: 2 - 6 years in prison with a mandatory parole term of 3 years following release.
A person can be charged with the Class 4 felony of Internet Luring of a Child if any of the following applies:
If the intent of the meeting between the actor and the child was for the purpose of engaging in sexual exploitation or sexual contact.