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Second Degree Kidnapping in Denver | Man Arrested After Attempting to Kidnap Child

Posted by Terry O'Malley | Dec 28, 2015 | 0 Comments

In a recent news story I read, one man had other motives beyond having lunch when he was arrested at a chicken fast food restaurant. According to the story, the man first approached a family who was having lunch and stood over a 3-year-old in an aggressive way. He was then seen grabbing a 10-year-old boy who was ordering food and attempted to take him out of the restaurant. Another person allegedly tackled the man and the man was later arrested. These uncalled for actions would lead to criminal charges of Kidnapping in Adams and Jefferson County.  Let's keep reading to learn why.

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What is Kidnapping in Douglas County?

In Douglas and Arapahoe County, and across Colorado, there are two degrees of Kidnapping.

First Degree Kidnapping, C.R.S. 18-3-301, is charged when:

“(1)

“Any person does any of the following acts with the intent thereby to force the victim or any other person to make any concession or give up anything of value in order to secure a release of a person under the offender's actual or apparent control:

(a) Forcibly seizes and carries any person from one place to another; or (b) Entices or persuades any person to go from one place to another; or (c) Imprisons or forcibly secretes any person.”

Second Degree Kidnapping, C.R.S. 18-3-302, is charged in Highlands Ranch and Denver when:

“(1)

“Any person 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 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.”

The man in the news story allegedly seized and carried the 10-year-old boy from where the boy was standing in line to a different part of the restaurant, which means he likely would be charged with Kidnapping. Movement of another for only a small distance is necessary. More specifically, since he knowingly seized and carried the boy from one place to another without the boy's consent and without lawful justification, the man would be charged with Second Degree Kidnapping. Really?

If facing charges of Kidnapping, contact our criminal attorneys to defend you today!

Second Degree Kidnapping in Denver: A Broad Definition Means More Are Charged

Moving a person from “one place to another” is incredibly broad. Does that statement mean from one home from another, or from someone's backyard to the street? It's because of this broad definition that many people are charged with Kidnapping in Denver and why hiring a criminal defense lawyer is crucial. For example, family members, spouses, or close friends can face charges of Kidnapping under circumstances when they're not getting along. Perhaps a father is yelling at his daughter to do her chores and she doesn't listen. He has been drinking that day and struggles with an anger problem. In an attempt to get his daughter to do what he says, he picks her up out of her room and carries her downstairs to do her chores, when she clearly doesn't want to. The mother witnesses the actions and calls police because she thinks her daughter is being harmed. In this case, the father could be charged with Second Degree Kidnapping.

Second Degree Kidnapping Denver Lawyer: Why You Should Call Our Attorneys

There are many other circumstances where innocent people are charged with this harsh crime in Denver and El Paso County. A skilled criminal defense lawyer who specializes in criminal defense is vital if you've been accused or charged with Kidnapping in Colorado. If convicted, both degrees of kidnapping can result in a Colorado Department of Corrections prison sentence, which can dramatically change anyone's life. Contact our office today to set up a free initial consultation if you've been accused or charged with Kidnapping, and protect your future.

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If you or a loved one has been charged with First or Second Degree Kidnapping anywhere in Colorado, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – WandererCreative

About the Author

Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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