There is nothing better than finding the perfect present for someone, wrapping it, and giving it to them on Christmas. Watching their reaction as they open it is absolutely priceless. But, we know, kids tend to get excited and don’t especially like waiting for Christmas to get their presents. Hence, we get the snoopers who look through closets and under beds to get a sneak peek at their gifts. This happened to one mother, only her reaction to the snooping landed her with criminal charges. According to the news report, the mother had been drinking and doing drugs the night before, which caused her to pass out. When she came to, she found her two young sons had gotten into the closet and opened all their Christmas presents. The mother’s reaction was to beat her children, and when their older sister got home, she reported the incident to police. The boys did not require medical attention, but the mother was arrested for Child Abuse. Probably not the Christmas anyone in the family was planning on.
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:
Because the woman left bruises and marks on her children’s bodies and caused them injuries, she was charged with Child Abuse. In Larimer, Boulder, and Grand County, we often see these charges stemming from accidents or a nosy person making reports when they see something they don’t like. It is never fun to discipline a child, and you may not agree with the way one person punishes their kids, but that does not make it Child Abuse. However, many people are still charged with the crime. It is especially unreasonable when the Fort Collins police tack on a Child Abuse charge after charging a husband with Harassment for a fight he had with his wife while the children were in the other room playing. Yes, Child Abuse can be charged if the children are in the vicinity when another crime occurs. We have also seen Child Abuse charged when a parent has them in a car while driving under the influence of alcohol.
Fort Collins Child Abuse Lawyer: What is the Punishment for Child Abuse?
In Fort Collins, Loveland, and Estes Park, Child Abuse can be charged as a felony or misdemeanor depending on the intent of the parent and the level of injury the child sustained:
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Child Abuse Crime Classifications and Charges |
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| When a person acts knowingly or recklessly and the child abuse results in death to the child | Class 2 felony Child Abuse |
| When a person acts with criminal negligence and the child abuse results in death to the child | Class 3 felony Child Abuse |
| When the person acts knowingly or recklessly and the child abuse results in serious bodily injury | Class 4 felony Child Abuse |
| When the person acts knowingly or recklessly and the child abuse results in an injury other than serious bodily injury | Class 1 misdemeanor Child Abuse |
| When the person acts with criminal negligence and the child abuse results in any injury other than serious bodily injury | Class 2 misdemeanor Child Abuse |
| When the person acts knowingly or recklessly and no injury results | Class 2 misdemeanor Child Abuse |
| When the person acts with criminal negligence and no injury results | Class 3 misdemeanor Child Abuse |
Most likely in the case above, the woman would be facing class 1 misdemeanor Child Abuse charges if this had occurred in Wellington, Fort Collins or Larimer County. Based on the information provided, the woman acted knowingly, and caused bodily injury, but not serious bodily injury. In Colorado, a statement that one person caused another person pain is sufficient to meet the standards of bodily injury. Child Abuse is also considered an extraordinary risk crime, so the sentencing range for a class 1 misdemeanor Child Abuse charge is 6 to 24 months in the Larimer County Jail and up to $5,000 in fines.