In Fort Collins and Larimer County, a person can be charged with False Imprisonment for confining another without their consent. But, what happens when the other person is a child? For some parents, disciplining a child is a difficult task. Sometimes taking away electronics or grounding is enough. What about when a child is physically out of control? If you lock a child in their room for your safety or the safety of the other children in your home, could it be considered False Imprisonment? Any type of physical discipline is becoming more and more risky for parents. A child mentions to their teacher that they were spanked or locked in their room for misbehaving and you could be investigated for Child Abuse. Let’s take a look at the language of the False Imprisonment statute to learn more.
Larimer County False Imprisonment Attorney: Definition of False Imprisonment in Colorado
The Larimer County, Colorado law definition of False Imprisonment – C.R.S. 18-3-303 – is:
Consent is a major part of this crime. But, legally speaking, it’s understood that children cannot consent. The issue specific to children is laid out in the charging guidelines.
Sentence for False Imprisonment Against a Child in Loveland and Estes Park
In Fort Collins, Loveland and Estes Park, False Imprisonment is generally charged as a class 2 misdemeanor, unless a specific aggravator applies. False Imprisonment Against a Child is considered an aggravator and is charged as a class 5 felony if:
- The person confines or detains another person less than eighteen years of age in a locked or barricaded room under circumstances that cause bodily injury or serious emotional distress; and
- Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the child; or
- The person confines or detains another person less than eighteen years of age by means of tying, caging, chaining, or otherwise using similar physical restraints to restrict that person’s freedom of movement under circumstances that cause bodily injury or serious emotional distress.
So, simply putting a child in their room would not be considered False Imprisonment. There must be some injury involved in order to charge this crime.
If you or someone you love has been charged with False Imprisonment, 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 to schedule a free initial consultation. We also practice in Greeley and Weld County. Click here to visit our Weld County website. Together, we can protect your future.
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