A mother was recently arrested for Child Abuse after duct taping her son to a chair in the basement so she could take her daughter to the pool. According to the news report, the boy’s grandmother had wanted to take him to lunch, but the mother told her no. The grandmother was worried, so she went to the house and found the boy in the basement with duct tape around each ankle connecting him to the chair. His hands were taped together and there was duct tape covering his mouth. The 11-year-old boy was cut free and was physically fine. The mother was found at the pool and arrested. Both her kids are in the care of family.
Larimer County Child Abuse Lawyer: What is the Definition of Child Abuse?
The Colorado law definition of Child Abuse – C.R.S. 18-6-401 – is:
Most likely, the mother was charged with Child Abuse for practicing a cruel punishment against her son. Interestingly, the statute reads that it must be a continued pattern of cruel punishment, not just one event, so the son would have had to make claims about other times he was unreasonably punished for her to be facing this crime.
What Level of Child Abuse Charge Can Result from a Cruel Punishment in Loveland, Colorado?
Child Abuse can be charged as a felony or misdemeanor depending on the intent and bodily injury involved. For the woman above, the child was not physically injured, so she is looking at either a class 2 or class 3 misdemeanor. Because she acted knowingly when taping him, she most likely would be facing a class 2 misdemeanor in Weld, Morgan, or Logan County. However, if the child felt pain or claimed he was injured during the punishment, it would be charged as a class 1 misdemeanor. Child Abuse is an extraordinary risk crime, which means the penalty range is extended.
If you or someone you love has been charged with Child Abuse, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.
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