In Fort Collins and Loveland, Kidnapping is charged when a person is accused of moving someone without consent. When a child is the alleged victim of the Kidnapping, then it is considered a much more serious offense. A teacher was recently charged with Kidnapping after she picked up a juvenile from his school and drove away. Even though she returned him a few minutes later, the driving away was enough to charge this class 2 felony crime.
Larimer County Kidnapping Lawyer: How is Kidnapping Charged in Colorado?
When a child is the victim of the Kidnapping, then the charge is Second Degree Kidnapping. The Larimer County, Colorado law definition of Second 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.
Obviously, the teacher would be charged under subsection 2. There is no guideline for how long the child must be taken for, even a few minutes meets the statute.
Sentence for Second Degree Kidnapping of a Child in Fort Collins
For a charge under subsection (2), related to the Kidnapping of a child, it is a class 2 felony. This crime is considered a crime of violence and an extraordinary risk crime, so the potential penalty ranges are extended. Instead of the presumptive range for the class 2 felony being 8 to 24 years in the Colorado Department of Corrections, a class 2 felony Second Degree Kidnapping is punishable by 16 to 48 years in prison.