When a child is involved, Attempted Second Degree Kidnapping is charged in Fort Collins and Larimer County, when a person takes a ‘substantial step’ toward taking or enticing a child away from their parents. Recently, a father reported an incident where a man approached two children, his 9-year-old boy and 7-year-old girl, and tried to give the children a toy. The man was seen driving past the children and then turning the car around to have the contact with them. The father approached the man and he dropped the toys and ran back to his car to take off. A description of the man was released and police are pursuing him.
Larimer County Attempted Second Degree Kidnapping: Definition of 2nd Degree Kidnapping in Colorado
The Larimer County, Colorado law definition of Second Degree Kidnapping – C.R.S. 18-3-302 – is:
(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.
The man would likely be charged under subsection (2). Now, because there was intervention before anything actually happened, it would likely be argued that Attempted Second Degree Kidnapping should be charged. Anytime a person takes a ‘substantial step’ toward committing a crime, the Attempt label is added.
Sentence for Attempted Second Degree Kidnapping in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Second Degree Kidnapping is a class 4 felony, unless aggravating circumstances are present, which can harshen the charge to a class 3 or even class 2 felony depending on the circumstance. When a crime is charged as an Attempt, then it is lowered one class level. So, in the case above, the charge would most likely be a class 5 felony Attempted Second Degree Kidnapping.