Harboring a Minor – Colorado Law – CRS § 18-6-601

Colorado Revised Statute § 18-6-601 prohibits harboring or sheltering a minor without the permission of their parent or guardian in certain circumstances. Unlawfully harboring a minor is a class 2 misdemeanor that carries

• up to 120 days in jail and/or
• a fine of up to $750.

In this article, our Denver criminal defense lawyers will address the following key issues regarding harboring a minor in Colorado:

• 1. Elements of CRS 18-6-601
• 2. Defenses
• 3. Record Seals
• 4. Related Offenses
• Frequently Asked Questions
• Additional Resources

1. Elements of CRS 18-6-601

Colorado law bars you from harboring a person under 18 years old:

• without the consent of a parent, guardian, custodian or person who assumes parental responsibilities over the minor, and
• with no intentions of cooperating with law enforcement or letting the minor leave.

For you to be convicted of harboring a minor in Colorado, prosecutors must prove beyond a reasonable doubt that you intentionally harbored a minor without authorization and committed at least one of the following actions:

• You failed to release the minor to a law enforcement officer after being requested to do so;
• You failed to disclose the location of the minor to a law enforcement officer when requested to do so;
• You obstructed a law enforcement officer from taking the minor into custody;
• You assisted the minor in avoiding or attempting to avoid the custody of law enforcement; or
• You failed to notify a minor’s parent or guardian within 24 hours after shelter has been provided. ¹

This law applies even in circumstances where you take a child in with good intentions. If you shelter a child who appears to have a difficult home life, for example, you could still be charged and convicted of harboring a minor.

2. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with child-related crimes such as harboring a minor.

CRS 18-6-601 spells out the following two “affirmative defenses” where you were lawfully justified in harboring the minor. In our experience, they have proven very effective with prosecutors, judges, and juries at getting CRS 18-6-601 charges dismissed or reduced.

1) The Shelter Provided to the Minor Is By a State-Licensed Childcare Facility

Colorado allows licensed childcare facilities – such as a homeless youth shelter – to harbor children for no longer than two weeks after the time a minor was initially admitted. As long as your case falls under this scenario, criminal charges should not stand.²

2) You Had Custody of the Minor or Lawful Parenting Time Due to a Court Order

If you are permitted by the court to have temporary custody of a minor, that should be a defense to harboring charges. Criminal charges apply only when you harbor a minor without authorization.³

3. Record Seals

If you are convicted of harboring a minor in Colorado, you can petition for a criminal record seal two years after the case closes. If your charge is dismissed, there is no waiting period. You can petition for a seal immediately.⁴

4. Related Offenses

• Keeping a place of child prostitution (CRS 18-7-404)
• Permitting an unauthorized minor to drive (CRS 42-2-139)
• Sexual assault on a child (CRS 18-3-405)
• Sexual assault on a child by one in a position of trust (CRS 18-3-401)

Frequently Asked Questions

What happens if I help a child who seems to be in danger at home?

Even if you have good intentions, you can still be charged with harboring a minor under Colorado law if you shelter a child without permission from their parent or guardian. You must notify the child’s parent, guardian, or law enforcement within 24 hours of providing shelter, or you could face criminal charges.

How long can I face jail time for harboring a minor in Colorado?

Harboring a minor is a class 2 misdemeanor in Colorado. If convicted, you could face up to 120 days in jail and/or a fine of up to $750.

Can I avoid charges if I have a court order for custody or visitation?

Yes, having lawful custody or court-ordered parenting time with the minor is a valid defense to harboring charges. The law only applies when you shelter a minor without proper authorization.

How long do I have to wait to seal my criminal record if I’m convicted?

If you are convicted of harboring a minor, you can petition to seal your criminal record two years after the case closes. However, if your charges are dismissed, you can petition for a record seal immediately with no waiting period.

Additional Resources

If a child is missing, call 911 and refer to these resources:

• National Center for Missing & Exploited Children – Call 1-800-THE-LOST (1-800-843-5678) for immediate guidance.
• Preventing Abduction – Tips by KidsHealth.org.
• What to Do if Your Child Has Been Abducted by a Parent or Family Member – Advice by Child Find of America.
• Missing and Exploited Children – Information provided by the Office of Juvenile Justice and Delinquency Prevention (OJJDP).
• Who Can Help Locate Your Child – Information by the U.S. Dept. of State if your child is a victim of international parental abduction.

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Legal References