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In Colorado kidnapping is the crime of imprisoning another person and/or causing someone to move from one place to another by:
Kidnapping someone for ransom is Colorado first degree kidnapping.
Kidnapping for any purpose other than ransom is Colorado second degree kidnapping.
Unlike first degree kidnapping, second-degree kidnapping always involves movement of the victim – even if it is a very short distance. If the victim is not moved and is kept only a short time, it is usually false imprisonment under 18-3-303 C.R.S. — a similar, but less serious crime.
Kidnapping is always a felony crime in Colorado. Even when the victim is unharmed, the penalty for Colorado first degree kidnapping can be as much as:
And in certain circumstances, the prison sentence can be even longer:
Consequences of second-degree kidnapping can include:
And the punishment for second-degree kidnapping can increase to as much as:
To help you better understand Colorado’s kidnapping laws, our Colorado criminal defense lawyers discuss the following, below:
Section 18-3-301 of the Colorado Revised Statutes (C.R.S.) sets forth the crime of first-degree kidnapping.
18-3-301 (1) C.R.S. provides:
18-3-302 (1), C.R.S. defines second-degree kidnapping. That section provides:
The most significant difference between Colorado first and second-degree kidnapping is that first-degree kidnapping requires the intent to secure a ransom or other concession.
However, both first and second-degree kidnapping are serious felonies in Colorado. And in some cases, depending on what happens during the kidnapping, second-degree kidnapping can even be punished more harshly than first-degree kidnapping.
Another difference between first and second-degree kidnapping arises from the concept of seizing and carry the victim to another location — known legally as “asportation.” Force need not be used in order for the victim to be seized.1
Nor does the victim need to be moved a great distance. Any distance – no matter how short – can constitute asportation. The only test is that the movement results in a substantial increase of harm to the victim.2
The concept of asportation is also important in distinguishing between second-degree kidnapping and the Colorado crime of false imprisonment under 18-3-303 C.R.S.
If you unlawfully detain someone without his or her consent, but don’t move the person, it is false imprisonment, a less serious crime than kidnapping.
In most cases, false imprisonment in Colorado is a class 2 misdemeanor. It only becomes a felony when:
Child custody and abduction is governed by two sets of laws:
You violate these laws when:
Acting in violation of these laws could be charged as kidnapping. Therefore, before removing a child from the state, we recommend you speak to a qualified family lawyer or the law enforcement agency having jurisdiction over the child’s legal place of residence.
Kidnapping is considered a Colorado “extraordinary risk” crime. As a result, the maximum sentence for kidnapping is anywhere from two to four years longer than other felonies in the same class.
Kidnapping becomes a Colorado “crime of violence” if:
If you are convicted of kidnapping as a crime of violence, you will face an increased minimum and maximum penalties.
If the victim is physically unharmed, first-degree kidnapping is a class 2 felony. Punishment for first-degree kidnapping includes:
However, if you possessed a deadly weapon and threatened the victim with it, then even if the victim is unharmed, the possible prison sentence increases to
16-48 years.
And if the kidnapping victim was injured or died, first-degree kidnapping is a Colorado class 1 felony. In addition to the fine set forth above, penalties for first-degree kidnapping as a class 1 felony include:
Second-degree kidnapping is, at a minimum, a Colorado class 4 felony as well as an extraordinary risk crime. Consequences of second-degree kidnapping can include:
However, if you intend to sell, trade or barter the victim for money, drugs or other consideration, second-degree kidnapping is a Colorado class 3 felony with penalties of:
If you also rob your victim, the punishment for kidnapping can include:
And if you committed a sexual offense against your kidnapping victim and the crime was a crime of violence, you will be sentenced to an indeterminate sentence of 21 years-life imprisonment.
Defending a Colorado kidnapping charge depends very much on the facts of your case. Some common defenses to kidnapping charges include (but are not limited to):
Kidnapping is a complicated and nuanced crime that has serious consequences. If you or someone you know has been arrested for kidnapping in Colorado, we recommend you call a top Colorado criminal defense attorney as earlier as possible.
Our Denver kidnapping lawyers are some of the best kidnapping lawyers in Colorado. We understand how to defend against Colorado kidnapping charges. We know how the police and prosecutors put together their cases.
Our approach to defending kidnapping charges is proactive, tough and compassionate. We are skilled at negotiating plea bargains to lesser charges (such as false imprisonment). But we are also not afraid to take your case to trial in front of a jury should it come to that.
To speak to one of our caring Colorado criminal defense lawyers about your case, contact us using the form on this page. Or, if you’d prefer, call us at our Denver home office. Your initial consultation is free and completely confidential. For cases in California or Nevada, please see our pages on California kidnapping laws in Penal Code 207 and Nevada kidnapping laws in NRS 200.310.
In Denver we are located at:
Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
(303) 222-0330