Kidnapping in Colorado
C.R.S. 18-3-301, Colorado’s First Degree Kidnapping Statute
(1) Any person who does any of the following acts with the intent thereby to force the victim or any other person to make any concession or give up anything of value in order to secure a release of a person under the offender’s actual or apparent control commits first degree kidnapping:
(a) Forcibly seizes and carries any person from one place to another; or
(b) Entices or persuades any person to go from one place to another; or
(c) Imprisons or forcibly secretes any person.
(2) Whoever commits first degree kidnapping is guilty of a class 1 felony if the person kidnapped shall have suffered bodily injury; but no person convicted of first degree kidnapping shall suffer the death penalty if the person kidnapped was liberated alive prior to the conviction of the kidnapper.
(3) Whoever commits first degree kidnapping commits a class 2 felony if, prior to his conviction, the person kidnapped was liberated unharmed.
C.R.S. 18-3-302, Colorado’s Second Degree Kidnapping Statute
A person who knowingly seizes and carries a person from one place to another, without the person’s consent and without lawful justification, and such movement increases the risk of harm to the person, 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.
(3) Second degree kidnapping is a class 2 felony if any of the following circumstances exist:
(a) The person kidnapped is a victim of a sexual offense pursuant to part 4 of this article 3;
(b) The person kidnapped is a victim of a robbery; or
(c) The kidnapping was a violation of subsection (2) of this section.
(4) Intentionally left blank —Ed.
(a) Unless it is a class 2 felony under subsection (3) of this section, second degree kidnapping is a class 3 felony if any of the following circumstances exist:
(I) The kidnapping is accomplished with intent to sell, trade, or barter the victim for consideration; or
(II) The kidnapping is accomplished by the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(III) The kidnapping is accomplished by the perpetrator representing verbally or otherwise that he or she is armed with a deadly weapon.
(b) A defendant convicted of second degree kidnapping committed under any of the circumstances set forth in this subsection (4) shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.
(5) Second degree kidnapping is a class 4 felony, except as provided in subsections (3) and (4) of this section.
Possible Penalties for Kidnapping in Colorado
Offense
First Degree Kidnapping (Class 1 Felony) kidnapped person killed
First Degree Kidnapping (Class 2 Felony) person kidnapped liberated unharmed
Second Degree Kidnapping (Class 2 Felony) sexual offense or robbery
Second Degree Kidnapping (Class 3 Felony)(4)(a)
Second Degree Kidnapping (Class 4 Felony)(5)
- Life in Colorado State Prison;
- and/or $5,000 – $1,000,000 fine;
- Restitution
- 16-48 years in Colorado State Prison or Community Corrections followed by 5 years of mandatory parole; or
- Probation; and/or
- $5,000 – $1,000,000 fine;
- Restitution
- 16-48 years in Colorado State Prison or Community Corrections followed by 5 years of mandatory parole; or
- Probation; and/or
- $5,000 – $1,000,000 fine;
- Restitution
- 10-32 years in Colorado State Prison or Community Corrections followed by 5 years of mandatory parole; or
- Probation; and/or
- $3,000 – $750,000 fine;
- Restitution
- 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
- Probation; and/or
- $2,000 – $500,000 fine;
- Restitution
Offense
(Click Links Below To See Penalties)
First Degree Kidnapping (Class 1 Felony) kidnapped person killed
First Degree Kidnapping (Class 2 Felony) person kidnapped liberated unharmed
Second Degree Kidnapping (Class 2 Felony) sexual offense or robbery
Second Degree Kidnapping (Class 3 Felony)(4)(a)
Second Degree Kidnapping (Class 4 Felony)(5)
- Life in Colorado State Prison; and/or
- $5,000 – $1,000,000 fine;
- Restitution
- 16-48 years in Colorado State Prison or Community Corrections followed by 5 years of mandatory parole; or
- Probation; and/or
- $5,000 – $1,000,000 fine;
- Restitution
- 16-48 years in Colorado State Prison or Community Corrections followed by 5 years of mandatory parole; or
- Probation; and/or
- $5,000 – $1,000,000 fine;
- Restitution
- 10-32 years in Colorado State Prison or Community Corrections followed by 5 years of mandatory parole; or
- Probation; and/or
- $3,000 – $750,000 fine;
- Restitution
- 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
- Probation; and/or
- $2,000 – $500,000 fine;
- Restitution
What Are the Elements of Kidnapping in Colorado?
(1) Forcibly seizing and carrying any person from one place to another.
(2) Enticing or persuading any person to go from one place to another.
(3) Imprisoning or forcibly secreting any person.
(4) Intent to force the victim or any other person to make any concession or give up anything of value in order to secure the release of the victim.
(5) Knowingly seizing and carrying any person from one place to another without consent and lawful justification.
(6) Movement increases the risk of harm to the person.
(7) Taking, enticing, or decoying away any child not their own under the age of eighteen years with intent to keep or conceal the child from their parent or guardian or with intent to sell, trade, or barter such child for consideration.
Defenses to Kidnapping in Colorado
Lack of Movement
If the alleged victim was not moved from one place to another, the charge might be reduced to false imprisonment or dismissed entirely.
Legal Right to Move or Detain
If the defendant had a legal right to move or detain the alleged victim, such as in cases involving law enforcement or parental rights, this can be a valid defense.
Consent
If the alleged victim willingly consented to go with the defendant, this can negate the kidnapping charge.
Mistaken Identity
This defense argues that the defendant was not the person who committed the alleged kidnapping.
Duress
Under C.R.S. 18-1-708, a person may not be convicted if they engaged in the conduct due to the use or threatened use of unlawful force.
Entrapment
Under C.R.S. 18-1-709, the commission of acts which would otherwise constitute an offense is not criminal if the defendant was induced to do so by law enforcement.
Choice of Evils
Under C.R.S. 18-1-702, conduct which would otherwise constitute an offense is justifiable when necessary to avoid imminent public or private injury.
Lack of Intent
Kidnapping requires knowingly seizing or carrying another person without lawful authority. If the defendant did not have the intent to commit the crime, this can be a strong defense.
Statute of limitations for Kidnapping in Colorado
- Felony kidnapping charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5).
Legal References
Contact the Attorneys at Rights & Liberties Law Firm to Fight for You Today
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