| Charge | Classification | Penalty |
|---|---|---|
| False imprisonment | Class 2 Misdemeanor |
|
| False imprisonment (aggravated) | Class 5 Felony |
|
| (Colo. Rev. Stat. § 18-3-303) |
The elements of the crime of false imprisonment are:
The prosecution must prove that you are guilty of false imprisonment beyond a reasonable doubt, specifically that you, in the state of Colorado, at or around the time you were charged, knowingly confined or detained another person without the person’s consent and without legal authority.
The elements required to prove false imprisonment include:
In this case, the best possible defenses against a false imprisonment claim are:
(1) Any person who knowingly confines or detains another without the other’s consent and without proper legal authority commits false imprisonment. This section does not apply to a peace officer acting in good faith within the scope of his or her duties.
(2) False imprisonment is a class 2 misdemeanor; except that false imprisonment is a class 5 felony if:
(a)(I) The person uses force or threat of force to confine or detain the other person; and
(II) The person confines or detains the other person for twelve hours or longer; or
(b)(I) 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
(II) Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the child; or
(c) 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.
(3) Notwithstanding section 13-90-107 or any other provision of law, the statutory privilege between a patient and a physician or between an individual and his or her spouse is not available for the purpose of excluding or refusing testimony in any prosecution for a violation of this section where the conditions described in subsection (2)(b) or (2)(c) of this section are alleged.
(4) Nothing in this section limits the ability of a person to assert the affirmative defense described in section 18-1-703.
False imprisonment is a charge that can be hard to get out from under. Your charges can quickly escalate if you also face domestic violence charges or the alleged victim was moved, even slightly (felony kidnapping). A conviction could mean a prison sentence, losing your rights, and a lifelong criminal record. There are many defenses to get false imprisonment charges dismissed in Colorado, including having the alleged victim’s consent or establishing that they were free to go at any time, but the best way to protect yourself when charged with false imprisonment is by understanding your rights and the laws governing your case. Contact our law firm for a free consultation to discuss your options.
False imprisonment is defined as detaining or confining someone without their consent.
The following examples constitute false imprisonment in Colorado Springs:
A false imprisonment charge is a Class 2 misdemeanor, punishable by up to 120 days in jail and/or a fine of up to $750.
However, false imprisonment can be enhanced to a Class 5 felony if the alleged victim was detained for more than 12 hours, the defendant used force or threats of force to detain the victim, or the alleged victim is a minor.
False imprisonment and kidnapping are both a crime but are separate criminal charges in Colorado. False imprisonment involves unlawfully detaining a victim in the same place, while kidnapping requires movement of the victim.
