When you think about Kidnapping, normally movie or TV scenes come to mind where an unknown assailant grabs someone off the side of the road or breaks into their home to hold them for ransom. This is very rarely the case surrounding Kidnapping charges in Greeley, Erie, and Evans. Kidnapping can be charged when a boyfriend physically moves his girlfriend to another room. It can even be charged when a mother takes her biological children. That is the scenario that occurred in Englewood this past weekend. A grandfather had temporary custody of his two grandsons, who went outside to get something from the car. When the grandfather looked out to check on the boys, he saw their biological mother pulling out of the driveway, with the boys in her car. An Amber Alert was issued and through an anonymous tip, the boys were found and their mother was arrested for Second Degree Kidnapping.
Weld County Kidnapping Attorney: What is the Definition of Second Degree Kidnapping?
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.
Most likely, the boys were not forced into the car against their will. They were probably even happy to see their mom, so consent was definitely not the issue. It is the lawful justification that becomes the issue. Because the mother did not have legal custody of her kids, it became unlawful for her to take them. This is only the case because a court had granted temporary custody to the grandfather, taking away legal custody from the mother.
Greeley 2nd Degree Kidnapping Attorney: What is the Sentence for Second Degree Kidnapping?
Second Degree Kidnapping can be charged as a class 2 felony, a class 3 felony, or a class 4 felony in Greeley, Erie, and Evans depending on the circumstances:
| Felony Degree | Circumstances | Sentence Range |
| Class 2 felony 2nd Degree Kidnapping | *the person kidnapped is a victim of a sexual offense
*the person kidnapped is a victim of a robbery
|
*16 – 48 years in the Colorado Department of Corrections
*$5,000 – $1,000,000 fines |
| Class 3 felony Second Degree Kidnapping | *the kidnapping is accomplished by the use of a deadly weapon or an article that resembles a deadly weapon
*the kidnapping is accomplished with the intent to sell, trade, or barter the victim *the kidnapping is accomplished by the perpetrator representing verbally that he is armed with a deadly weapon |
*10-32 years in DOC
*$3,000 – $750,000 fines |
| Class 4 felony 2nd Degree Kidnapping | *if none of the above circumstances apply | *5 – 16 years in DOC
*$2,000 – $500,000 fines |
The mother would most likely be charged with the class 4 felony Second Degree Kidnapping, as none of the aggravating factors apply to her case.
If you or someone you love has been charged with Second Degree Kidnapping in Weld, Morgan, or Logan County, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
Image Source: Pixabay-chin1031