In Greeley and Weld County, False Imprisonment can be charged related to a child when certain factors are present. A mother was recently arrested and charged with 112 counts of False Imprisonment related to her child. According to the report, neighbors had called police about a child calling for help. The child was saying he was trapped in the bathroom. When police arrived, they found him naked in the bathroom. The child stated that he was kept in the bathroom and only allowed out to go to school. Both the mother and step-father were initially arrested, but the step-father was later released, while the mother is still being held in custody.
False Imprisonment Charges in Weld County: Definition of False Imprisonment in Colorado
The Weld County, Colorado law definition of False Imprisonment – C.R.S. 18-3-303 – is:
Now, one might argue that putting your child in their room for a timeout would technically be considered False Imprisonment because rarely does a child willingly go to or stay in their room without intervention. However, in order to be charged related to a child, there have to be certain aggravating factors. Those are outlined below.
Penalty for False Imprisonment with a Child Victim in Evans and Erie
Under subsection (2), the penalties for False Imprisonment are outlined. Within this framework, the law discusses the aggravating circumstances surrounding False Imprisonment with a child victim:
False imprisonment is a class 2 misdemeanor; except that 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;
OR
- 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.
Because the mother above is accused of locking the child in the bathroom and it was a pattern of behavior, the mother would be facing the class 5 felony charges if this had occurred in Evans or Erie. A class 5 felony is punishable by 1 to 3 years in the Colorado Department of Corrections.
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 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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