Colorado Sex Crime Attorney Blog

Denver Kidnapping and Sexual Assault Attorney Sexual Assault is a Sentencing Aggravator for Kidnapping

Posted by Kyle B. Sawyer | Apr 10, 2018 | 0 Comments

Kidnapping is a felony crime in Denver, Aurora, and Castle Rock. When Sexual Assault is an alleged part of the kidnapping, the crime is considered aggravated and is charged as a high level felony. A man was recently arrested for Kidnapping after picking up a 17-year-old from her home and holding her against her will for a week. According to the report, the two were communicating online and he offered to pick her up and take her to his home for a few days, which was in the same state. However, she claims he took her to another state – admitting that he lied about where he lived and telling her he was going to keep her as his pet. He is accused of holding her against her will and sexually assaulting her repeatedly.

Douglas County Second Degree Kidnapping Attorney: Definition of 2nd Degree Kidnapping in Arapahoe County

The Douglas and Arapahoe County, Colorado law definition of Second Degree Kidnapping – C.R.S. 18-3-302 – is:

(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.

Even though the victim was a minor, subsection (2) would not apply because there was no intent to sell, trade, or barter the girl. Subsection (1), however, does apply because she was taken to another state without her consent.

Sentence for Second Degree Kidnapping with Sexual Assault in Adams and Jefferson County

2nd Degree Assault is a class 2 felony when the person kidnapped is a victim of a sexual offense or Robbery. A sexual offense would include:

A class 2 felony is punishable by 8 to 24 years in the Colorado Department of Corrections. Likely, Sexual Assault or Sexual Assault on a Child charges would also be filed, which are subject to indeterminate sentencing.

If you or a loved one has been charged with Second Degree Kidnapping, be smart exercise your right to remain silent and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 to schedule your free consultation or set up a jail visit. Together, we can protect your future.

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About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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