The Law on Kidnapping/Abduction in Colorado and
Kidnapping is when a person is taken away or carried away against that person’s will. After kidnapping the person, he/she may be confined in some other place. The act of kidnapping is also referred to as abduction. It can be an act done to take away children or adults. The purpose of kidnapping is usually to extort or demand money from that person or the person’s family members. Kidnapping can also be for the person of sexual assault or any other such criminal act. Kidnapping is a serious offense as it involves forcibly taking someone without their permission. Kidnapping is treated as a felony in most states. The punishment for kidnapping depends on the nature of the act and the related factors.
Colorado Abduction Law
The Colorado Revised Statutes Title 8 deals with the Criminal Code. Article 3 Part 3 deals with the offense of kidnapping. In the state of Colorado, kidnapping is classified under two heads – kidnapping of the first degree and second degree.
First-degree kidnapping is defined by the law as an act where a person forcibly seizes and carries away from a person one place to another or entices or persuades someone to go from one place to another or imprisons a person. This is first-degree kidnapping if the act is done with the intent of forcing the victim or anyone else to give something of value or make a concession or to release a person under the offender’s control.
This is a Class 1 felony as per the law if the kidnapped person suffers any bodily harm. This is the most serious offense under the law. It is punishable on conviction with the death sentence or with life imprisonment. The death sentence would be applicable only if the victim dies as a result of the kidnapping.
If the kidnapped person was freed, then it would be a Class 2 felony and on conviction, it can lead to 8 to 24 years imprisonment and a fine of $5,000 to $1,000,000.
Second-degree kidnapping is where a person knowingly carries away or seizes another person without consent and without justification from one place to another. A person who takes away a child below 18 years with the intention of selling the child or concealing from parents or bartering the child is also guilty of second-degree kidnapping.
It is a class 2 felony under the law if the kidnapped person has been subject to sexual assault or robbery. On conviction, it can lead to 8 to 24 years imprisonment and a fine of $5,000 to $1,000,000.
It is a class 3 felony is the kidnapping was done with the intent to sell the victim or barter against something of value. It is also a Class 3 felony if a deadly weapon was used or a threat to use a deadly weapon was made. In such a case, a conviction would lead to 4 to 12 years in prison and a fine of $3,000 to $750,000.
In all other cases, second-degree kidnapping is a Class 4 felony. Punishment would be 2 to 6 years imprisonment with a fine of $2,000 to $500,000.
As per the law, a parent or anyone enticing a child from the parent in custody of the child as per a court order is guilty of a Class 5 felony. Punishment on conviction is imprisonment for 1 to 3 years, with a fine of up to $1000 to $100,000. If the child is taken out of the country, it is a class 4 felony and punishment would be 2 to 6 years imprisonment with a fine of $2,000 to $500,000.