CHAPTER 6: SELECTED CRIMINAL OFFENSES - Table of Contents
6.1 - Overview • 6.2 - Inchoate Offenses • 6.3 - Homicide • 6.4 - Assault • 6.5 - Domestic Violence • 6.6 - Other Unlawful Offenses against the person • 6.7 - Unlawful Sexual Behavior • 6.8 - Offenses against Property • 6.9 - Tresspass, Tampering and Mischief • 6.10 - Offenses involving Fraud • 6.11 - Offenses involving Family Relations • 6.12 - Offenses relating to Morals • 6.13 - Offenses against Government Operations and Public Order • 6.14 - Offenses relating to Weapons • 6.15 - Offenses relating to Controlled Substances • 6.16 - Alcohol/Drug related Traffic Incidents • 6.17 - Crimes Against Vulnerable Victims • 6.18 - Computer Crimes • 6.19 - Identity Theft
6.6 OTHER OFFENSES AGAINST THE PERSON
Other offenses against the person include the following. Menacing, C.R.S. § 18-3-206, is placing or attempting to place another person in fear of imminent serious bodily injury through threat or physical action. Menacing is a class 5 felony if it is committed with a real or simulated deadly weapon or through a threat that the person is armed with a deadly weapon; otherwise menacing is a class 3 misdemeanor.
First degree kidnapping, C.R.S. § 18-3-301, is committed when a person who seeks money or other concessions in order to release someone under the person's actual or apparent control either a) forcibly seizes and carries any person from one place to another, b) entices or persuades any person to go from one place to another or c) imprisons or forcibly secrets any person. First degree kidnapping is a class 1 felony if the victim suffers bodily injury, but it is not punishable by the death penalty if the victim is liberated alive. In cases not involving bodily injury, first degree kidnapping is a class 2 felony.
Second degree kidnapping, C.R.S. § 18-3-302, is committed in either of two ways: knowingly seizing and carrying any person from one place to another, or, taking or enticing a child with the intent to keep the child from the child's parents or the intent to sell or trade the child. Second degree kidnapping is a class 2 felony if the victim is robbed or sexually assaulted. It is a class 3 felony if the victim is a child and a deadly weapon is used or threatened. It is a class 4 felony in all other cases.
A misdemeanor variation of kidnapping is false imprisonment, C.R.S. § 18-3-303. False imprisonment occurs when a person knowingly confines or detains another person without lawful justification. False imprisonment is a class 2 misdemeanor.
Violation of a custody order, C.R.S. § 18-3-304, is committed when any person, knowing that the person has no privilege to do so takes or entices any child under eighteen from the care or custody of the child's parent or guardian. The crime is also committed when any person violates a court order setting out custody or parental responsibilities. Violation of a custody order is a class 5 felony, unless the child is taken out of the country, in which case it is raised to a class 4 felony. It is an affirmative defense to this charge that the defendant reasonably believed that taking the child was necessary to preserve the child from danger to the child's welfare.
Enticement of a child, C.R.S. § 18-3-305, occurs when a person invites or persuades, or attempts to invite or persuade, a child under fifteen to go to a car, building, room or secluded place for the purpose of unlawful sexual contact with the child. Enticement is a class 4 felony, but it is raised to a class 3 felony if the defendant has previously been convicted of enticement or sexual assault on a child or if the enticement results in bodily injury to the child.
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