what is the penalty for hiding a run away
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what is the penalty for hiding a run away
Asked on April 25, 2009 under Criminal Law, Colorado
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Depends on a number of things. Did the run away commit a crime other than running away? I am assuming the run away is a minor?
(1) (a) A person commits the crime of harboring a minor if the person knowingly provides shelter to a minor without the consent of a parent, guardian, custodian of the minor, or the person with whom the child resides the majority of the time pursuant to a court order allocating parental responsibilities and if the person intentionally:
(I) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or
(II) Fails to disclose the location of the minor to a law enforcement officer when requested to do so, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or
(III) Obstructs a law enforcement officer from taking the minor into custody; or
(IV) Assists the minor in avoiding or attempting to avoid the custody of a law enforcement officer; or
(V) Fails to notify the parent, guardian, custodian of the minor, or the person with whom the child resides the majority of the time pursuant to a court order allocating parental responsibilities or a law enforcement officer that the minor is being sheltered within twenty-four hours after shelter has been provided.
(b) If the shelter provided to the minor is by a licensed child care facility, including a licensed homeless youth shelter, the minor, despite the minor's status, may reside at such facility or shelter for a period not to exceed two weeks after the time of intake, pursuant to the procedures set forth in article 5.7 of title 26, C.R.S.
(c) It is a defense to a prosecution under this section that the defendant had custody of the minor or lawful parenting time with the minor pursuant to a court order.
(2) Harboring a minor is a class 2 misdemeanor.
Source: L. 86: Entire part added, p. 780, § 1, effective April 14; (3) amended, p. 1225, § 46, effective May 30. L. 94: (2)(b) amended, p. 2656, § 139, effective July 1. L. 96: (2)(c) amended, p. 1842, § 7, effective July 1. L. 97: Entire section amended, p. 975, § 1, effective May 22. L. 98: IP(1)(a), (1)(a)(V), and (1)(c) amended, p. 1403, § 57, effective February 1, 1999.
(1) (a) Misdemeanors are divided into three classes which are distinguished from one another by the following penalties which are authorized upon conviction except as provided in subsection (1.5) of this section:
Class Minimum Sentence Maximum Sentence
1 Six months imprisonment, or five Eighteen months imprisonment,
hundred dollars fine, or both or five thousand dollars fine, or both
2 Three months imprisonment, or two Twelve months imprisonment,
hundred fifty dollars fine, or both or one thousand dollars fine, or both
3 Fifty dollars fine Six months imprisonment, or seven
hundred fifty dollars fine, or both
(b) A term of imprisonment for conviction of a misdemeanor shall not be served in a state correctional facility unless served concurrently with a term for conviction of a felony.
(c) A term of imprisonment in a county jail for a conviction of a misdemeanor, petty, or traffic misdemeanor offense shall not be ordered to be served consecutively to a sentence to be served in a state correctional facility; except that if, at the time of sentencing, the court determines, after consideration of all the relevant facts and circumstances, that a concurrent sentence is not warranted, the court may order that the misdemeanor sentence be served prior to the sentence to be served in the state correctional facility and prior to the time the defendant is transported to the state correctional facility to serve all or the remainder of the defendant's state correctional facility sentence.
(1.5) (a) If a defendant is convicted of assault in the third degree pursuant to section 18-3-204 and the victim is a peace officer or firefighter engaged in the performance of his or her duties, notwithstanding the provisions of subsection (1) of this section, the court shall sentence the defendant to a term of imprisonment greater than the maximum sentence but no more than twice the maximum sentence authorized for the same crime when the victim is not a peace officer or firefighter engaged in the performance of his or her duties. In addition to such term of imprisonment, the court may impose a fine on the defendant pursuant to subsection (1) of this section.
(b) As used in this section, "peace officer or firefighter engaged in the performance of his or her duties" means a peace officer as described in section 16-2.5-101, C.R.S., or a firefighter as defined in section 18-3-201 (1) who is engaged or acting in, or who is present for the purpose of engaging or acting in, the performance of any duty, service, or function imposed, authorized, required, or permitted by law to be performed by a peace officer or firefighter, whether or not the peace officer or firefighter is within the territorial limits of his or her jurisdiction, if the peace officer or firefighter is in uniform or the person committing an assault upon or offense against or otherwise acting toward such peace officer or firefighter knows or reasonably should know that the victim is a peace officer or firefighter or if the peace officer or firefighter is intentionally assaulted in retaliation for the performance of his or her official duties.
(1.7) (a) If a defendant is convicted of assault in the third degree pursuant to section 18-3-204 or reckless endangerment pursuant to section 18-3-208 and the victim is a mental health professional employed by or under contract with the department of human services engaged in the performance of his or her duties, notwithstanding the provisions of subsection (1) of this section, the court may sentence the defendant to a term of imprisonment greater than the maximum sentence but not more than twice the maximum sentence authorized for the crime when the victim is not a mental health professional employed by or under contract with the department of human services engaged in the performance of his or her duties. In addition to a term of imprisonment, the court may impose a fine on the defendant pursuant to subsection (1) of this section.
(b) "Mental health professional" means a mental health professional licensed to practice medicine pursuant to part 1 of article 36 of title 12, C.R.S., or a person licensed as a mental health professional pursuant to article 43 of title 12, C.R.S., a person licensed as a nurse pursuant to part 1 of article 38 of title 12, C.R.S., a nurse aide certified pursuant to part 1 of article 38.1 of title 12, C.R.S., and a psychiatric technician licensed pursuant to part 1 of article 42 of title 12, C.R.S.
(2) The defendant may be sentenced to perform a certain number of hours of community or useful public service in addition to any other sentence provided by subsection (1) of this section, subject to the conditions and restrictions of section 18-1.3-507. An inmate in county jail acting as a trustee shall not be given concurrent credit for community or useful public service when such service is performed in his or her capacity as trustee. For the purposes of this subsection (2), "community or useful public service" means any work which is beneficial to the public, any public entity, or any bona fide nonprofit private or public organization, which work involves a minimum of direct supervision or other public cost and which work would not, with the exercise of reasonable care, endanger the health or safety of the person required to work.
(3) (a) The general assembly hereby finds that certain misdemeanors which are listed in paragraph (b) of this subsection (3) present an extraordinary risk of harm to society and therefore, in the interest of public safety, the maximum sentence for such misdemeanors shall be increased by six months.
(b) Misdemeanors that present an extraordinary risk of harm to society shall include the following:
(I) Assault in the third degree, as defined in section 18-3-204;
(I.5) (A) Sexual assault, as defined in section 18-3-402; or
(B) Sexual assault in the second degree, as defined in section 18-3-403, as it existed prior to July 1, 2000;
(II) (A) Unlawful sexual contact, as defined in section 18-3-404; or
(B) Sexual assault in the third degree, as defined in section 18-3-404, as it existed prior to July 1, 2000;
(III) Child abuse, as defined in section 18-6-401 (7) (a) (V);
(IV) Second and all subsequent violations of a protection order as defined in section 18-6-803.5 (1.5) (a.5); and
(V) Misdemeanor failure to register as a sex offender, as described in section 18-3-412.5.
(4) Notwithstanding any provision of law to the contrary, any person who attempts to commit, conspires to commit, or commits against an elderly person any misdemeanor set forth in part 4 of article 4 of this title, part 1, 2, 3, or 5 of article 5 of this title, or article 5.5 of this title shall be required to pay a mandatory and substantial fine within the limits permitted by law. However, all moneys collected from the offender shall be applied in the following order: Costs for crime victim compensation fund pursuant to section 24-4.1-119, C.R.S.; surcharges for victims and witnesses assistance and law enforcement fund pursuant to section 24-4.2-104, C.R.S.; restitution; time payment fee; late fees; and any other fines, fees, or surcharges. For purposes of this subsection (4), an "elderly person" or "elderly victim" means a person sixty years of age or older.
(6) For a defendant who is convicted of assault in the third degree, as described in section 18-3-204, the court, in addition to any fine the court may impose, shall sentence the defendant to a term of imprisonment of at least six months, but not longer than the maximum sentence authorized for the offense, as specified in this section, which sentence shall not be suspended in whole or in part, if the court makes the following findings on the record:
(a) The victim of the offense was pregnant at the time of commission of the offense; and
(b) The defendant knew or should have known that the victim of the offense was pregnant.
(c) (Deleted by amendment, L. 2003, p. 2163, § 4, effective July 1, 2003.)
Source: L. 2002: Entire article added with relocations, p. 1413, § 2, effective October 1. L. 2003: (3)(b)(IV) amended, p. 1014, § 22, effective July 1; (6)(b) and (6)(c) amended, p. 2163, § 4, effective July 1; (1.5)(b) amended, p. 1624, § 44, effective August 6. L. 2004: (3)(a) amended, p. 634, § 3, effective August 4. L. 2005: (1.7) added, p. 1009, § 1, effective July 1. L. 2007: (1) amended, p. 557, § 4, effective April 16. L. 2008: (1.7)(b) and (4) amended, p. 1890, § 55, effective August 5.
Editor's note: (1) This section was formerly numbered as § 18-1-106.
(2) Subsections (1.7)(b) and (4) were contained in a 2008 act that was passed without a safety clause. For further explanation concerning the effective date, see page ix of this volume.
Cross references: For the legislative declaration contained in the 2003 act amending subsections (6)(b) and (6)(c), see section 1 of chapter 340, Session Laws of Colorado 2003.
Am. Jur.2d. See 21 Am. Jur.2d, Criminal Law, §§ 19, 29.
C.J.S. See 22 C.J.S., Criminal Law, §§ 9, 11.
Law reviews. For note, "Comment: Constitutional Law -- Symbolic Speech -- Colorado Flag Desecration Statute", see 48 Den. L. J. 451 (1971). For article, "Criminal Prosecutions under the Colorado Securities Act", see 47 U. Colo. L. Rev. 233 (1976).
Annotator's note. Since § 18-1.3-501 is similar to § 18-1-106 as it existed prior to the 2002 relocation of certain criminal sentencing provisions, relevant cases construing that provision have been included in the annotations to this section.
Misdemeanor defined. Since felonies are defined in the constitution to be offenses punishable by death or imprisonment in the penitentiary, it follows that misdemeanors are violations of the public laws not thus punishable. City of Greeley v. Hamman, 12 Colo. 94, 20 P. 1 (1888) (decided under G.S. § 689).
A crime carrying a possible penitentiary sentence is a felony while a crime punishable by fine or imprisonment in county jail is a misdemeanor. People v. Green, 734 P.2d 616 (Colo. 1987).
Misdemeanor sentence in conjunction with felony sentence. A court may not sentence an adult offender 21 years of age or older to the department of corrections for a misdemeanor conviction unless such defendant has already been sentenced to the department for a felony and the misdemeanor sentence is made expressly concurrent with the felony sentence. People v. Green, 734 P.2d 616 (Colo. 1987).
Any consecutive sentence imposed on such offender for a misdemeanor conviction must be served in the county jail. People v. Green, 734 P.2d 616 (Colo. 1987); People v. Battle, 742 P.2d 952 (Colo. App. 1987).
Because defendant's misdemeanor sentence expired while he was being held by the corrections department on felony conviction, trial court improperly altered judgment and mittimus to require defendant to serve his misdemeanor time consecutively with his felony term. People v. Battle, 742 P.2d 952 (Colo. App. 1987).
Absent some fault on defendant's part, defendant was entitled to serve his misdemeanor sentence in uninterrupted manner, and mistaken transfer of defendant, by sheriff, to corrections department on subsequently imposed sentence for felony conviction should not have suspended running of defendant's misdemeanor sentence. People v. Battle, 742 P.2d 952 (Colo. App. 1987).
Credit required for presentence confinement. A sentencing judge is constitutionally required to give an indigent defendant credit for time served in presentence confinement, even where the total of the presentence confinement and the sentence imposed after trial is less than the maximum sentence allowed for the offense. Godbold v. Wilson, 518 F. Supp. 1265 (D. Colo. 1981).
No equal protection violation inherent in mandatory sentencing provision as applicable to a conviction for misdemeanor offense of third degree assault on an on-duty peace officer. Sentence not more severe than that for the felony offense of second degree assault, and four-year sentence to department of corrections with possibility of probation after four months was determined to be more harsh than a sentence of two years and one day in a county jail with possibility of home detention. People v. Thompson, 942 P.2d 1242 (Colo. App. 1996).
Establishment of more severe penalty for third degree assault of an on-duty peace officer than for conviction of reckless manslaughter or vehicular assault on a victim who is not a peace officer does not constitute violation of equal protection clause. The former punishes an act that has a greater social impact, which is reasonably related to the sentence. People v. Thompson, 942 P.2d 1242 (Colo. App. 1996).
Applied in United States v. Dunn, 545 F.2d 1281 (10th Cir. 1976); People v. Storey, 191 Colo. 546, 554 P.2d 694 (1976); People v. Lobato, 192 Colo. 357, 559 P.2d 224 (1977); Perea v. District Court, 199 Colo. 27, 604 P.2d 25 (1979); People v. Knaub, 624 P.2d 922 (Colo. App. 1980); People v. Martinez, 628 P.2d 608 (Colo. 1981); People ex rel. Gallagher v. District Court, 632 P.2d 1009 (Colo. 1981); Hendershott v. People, 653 P.2d 385 (Colo. 1982), cert. denied, 459 U.S. 1225, 103 S. Ct. 1232, 75 L. Ed.2d 466 (1983); People v. Dunoyair, 660 P.2d 890 (Colo. 1983); People v. Giles, 662 P.2d 1073 (Colo. 1983); People v. Clary, 950 P.2d 654 (Colo. App. 1997).