A Fake Kidnapping Lesson? | Weld County Attorney

Parents stage a fake kidnapping to teach their child about stranger danger and now face charges. Read more in our blog.

Parents, teachers, and local authorities all work to teach children about ‘stranger danger.’ It is important for children to have a healthy awareness of the dangers a stranger could present. In an unusual method, one family is alleged to have used a criminal method to prove this point to their 6-year-old child. The parents set up a kidnapping as a way to teach their son a lesson. The boy was kidnapped by a man, who threatened him with a gun and tied him up in a basement. A woman was with him and threatened to make the boy a ‘sex slave.’ When the boy was released from the basement, his family was waiting upstairs to discuss stranger danger. The boy told someone at school about the incident, which led to the arrests of his mom and dad, and the man and woman who helped kidnap the boy.

Fake Kidnapping in Weld County = Kidnapping Charges

C.R.S. 18-3-302 – Second Degree Kidnapping is defined by Colorado law as:

(1) Any person who knowingly seizes and carries any person from one place to another, without his consent and without lawful justification, commits second degree kidnapping.

(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.

In this case, the man and woman took the young boy, who is not their child, and kept him away from his parents for a period of time. Even though the parents were aware of the situation, it could still be considered 2nd Degree Kidnapping in Weld, Morgan, and Logan County. This crime may be considered a class 2 felony because of the sexual aspect the woman inserted in the kidnapping scenario, or a class 3 felony because a deadly weapon (gun) was used.

Conspiracy Crimes in Greeley

Colorado law defines C.R.S. 18-2-201 – Conspiracy – as:

(1) A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its commission, he agrees with another person or persons that they, or one or more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or he agrees to aid the other person or persons in the planning or commission of a crime or of an attempt to commit such crime.

In Greeley, Evans, and Erie, Conspiracy to Commit 2nd Degree Kidnapping is punished the same as 2nd Degree Kidnapping. It is charged as if the person actually committed the crime.

In most of the Kidnapping cases we see, the Kidnapping charge was added to stack the deck against the accused- meaning Kidnapping was not the underlying crime.

This Kidnapping case is extreme. In most of the Kidnapping cases we see, the Kidnapping charge was added to stack the deck against the accused- meaning Kidnapping was not the underlying crime. If, during a Burglary, the alleged Burglar moved the family to another room, this could support adding the Kidnapping charge. Another example might occur during a custody battle, when a father takes his children without the mother’s permission and ends up with Kidnapping charges.

If you or someone or someone you love has been charged with Kidnapping, be smart, exercise your right to remain silent and call an experienced attorney from the O’Malley Law Office at (970) 616-6009. Together, we can protect your future.

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