False Imprisonment is charged in Fort Collins and Larimer County when a person is accused of confining another without consent. False Imprisonment is usually a class 2 misdemeanor, but when the person confined is a minor, felony False Imprisonment charges may apply. Two parents were recently charged with Child Abuse and Felony False Imprisonment after their 14-year-old adopted son reported that he was often locked in the garage and only allowed out to attend school. Police became involved when the mother reported the boy as missing. He was later located at school and talked with police about the situation at home. The officers had noticed the deadbolt on the door and were able to get a search warrant for the camera that was recording the locked room. Thousands of videos were recovered showing the boy contained in the room. The parents were arrested and charged with Child Abuse and False Imprisonment.
Larimer County Felony False Imprisonment Lawyer: Definition of False Imprisonment in Colorado
The Larimer County, Colorado law definition of False Imprisonment – C.R.S. 18-3-303 – is:
Now, you may be thinking that a child can just claim False Imprisonment anytime a parent says they can’t go out with a friend. While most parenting will not result in these charges, there can be situation where they do apply. Blocking a door and preventing a child from leaving a room could still be charged as False Imprisonment – the same as it would if you were preventing an adult from leaving a room.
Felony False Imprisonment in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, False Imprisonment is a usually a class 2 misdemeanor. However, there are situations where this crime can be charged as a felony. False Imprisonment is a class 5 felony if:
- The person uses force or threat of force to confine or detain the other person; and
- The person confines or detains the other person for twelve hours or longer.
If the person contained is a minor, then the following applies:
- 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.
For the boy referenced above, the Felony False Imprisonment charge would apply because he was kept in a locked room and it was a continued pattern, per the thousands of videos obtained.
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 your free initial consultation. Together, we can protect your future.
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