When I read this news story, I got a little annoyed with the ridiculousness. A man was arrested for Kidnapping after driving off with his ex-girlfriend in his car. That’s right, she was in his car. I mean, if it was a contentious relationship or it was really over, then what was she doing in his car? According to the report, the ex-girlfriend was in the car with her sister and when the sister got out, the man got in and drove off. The sister called the police and they had to ping the ex-girlfriend’s phone in order to get her location. There was no mention of why the man had driven off with his ex, but he was pulled over by police and promptly surrendered. He was arrested and charged with 2nd Degree Kidnapping.
Larimer County Second Degree Kidnapping Attorney: What is the Definition?
The Colorado law definition of 2nd 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.
2nd Degree Kidnapping in Fort Collins: A Lawyer’s Opinion on the Law
The language of the Kidnapping statute is vague, and therefore can be easily charged. The term ‘seize’ does not have to include any form of Domestic Violence or other violence. It is simply moving someone without their consent. The movement does not even have to be substantial or significant. It just has to be ‘some movement which substantially increases the risk of harm to a victim.’ Basically, a victim can claim a person moved them 3 feet in a direction they did not want to move in and they feared for their life because of it and the accused could get charged with Second Degree Kidnapping. Imagine you are having an argument with your girlfriend and she is blocking you from leaving. If you pick her up and move her out of the way so that you can leave, you could technically be charged with Domestic Violence Kidnapping. So ridiculous, but true in Larimer, Boulder, and Grand County.
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Loveland Second Degree Kidnapping Sentence
In Fort Collins, Loveland, and Estes Park, Second Degree Kidnapping is a class 4 felony punishable by 2 to 6 years in the Colorado Department of Corrections and up to $500,000 in fines. However, it can also be charged as a class 2 felony if:
- The person kidnapped is a victim of a sexual offense; or
- The person kidnapped is a victim of a robbery.
Second Degree Kidnapping can also be charged as a class 3 felony is:
- The kidnapping is accomplished with intent to sell, trade, or barter the victim for consideration; or
- The kidnapping is accomplished by the 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.
The man from the story above did not meet any of the aggravating factors to worsen his potential sentence, but he is still facing the class 4 felony for driving in his own car. I guess you should probably have everyone sign a consent form before driving anywhere to make sure you are never needlessly charged with Kidnapping.