False Imprisonment is charged in Greeley and Weld County when a person is accused of restraining someone without permission. A teacher recently plead to this crime after she was accused of tying a 7-year-old special needs student to a chair. According to the report, the teacher used a nylon rope to tie the wrists of a nonverbal child with autism and then wrap the rope around the leg of a chair. The child was tied to the chair, sitting on the ground behind the chair for about an hour. The entire incident was caught on camera. Two other adults were in the room and charged as well.
Greeley False Imprisonment Attorney: How is False Imprisonment Charged in Colorado?
The Greeley, Colorado law definition of False Imprisonment – C.R.S. 18-3-303 – is:
Because the teacher had no authority to physically restrain the child (or, at least, tying the child to the chair did not comply with any training regarding physical restraint), she was charged with this crime.
Sentence for False Imprisonment of a Child in Erie and Evans
In Erie, Evans, and across Weld County, False Imprisonment is charged as follows:
- False Imprisonment is a class 2 misdemeanor; unless the following aggravating circumstances apply
- False Imprisonment is a class 5 felony if:
- The person uses force or threat of force to confine or detain the other person; and
- The person confines or detains the other person for twelve hours or longer; or
- 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
- Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the child; or
- 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.
The last bullet point would apply to the teacher – tying someone under the age of 18 up causing bodily injury or emotional distress. I don’t think it would be a leap to assume that a child being tied up by their teacher and not allowed to move for an hour would be dealing with some emotional distress.
If you or someone you love has been charged with False Imprisonment, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Photo by Noelle Otto