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

Under Colorado law, harboring or sheltering a minor without the permission of their parent or guardian is against the law in certain circumstances. Unlawfully harboring a minor is a class 2 misdemeanor, which may result in up to 120 days in jail and a fine of up to $750.

In this article, our Colorado criminal defense lawyers will address:

• 1. Elements of the Crime
• 2. Penalties
• 3. Defenses
• 4. Related Offenses
• Additional Resources

Also see our related article on the Colorado crime of permitting an unauthorized minor to drive.

1. Elements of the Crime

In Colorado, you may not harbor 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.

To be convicted of violating CRS 18-6-601, a prosecutor 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. In the event that 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. Penalties

Harboring a minor is a class 2 misdemeanor in Colorado. It carries:

• up to 120 days in jail and/or
• a fine of up to $750.²

3. Defenses

There are many possible defenses available to charges of harboring a minor depending on your case. CRS 18-6-601 spells out the following two “affirmative defenses” where you were legally justified in harboring the minor:

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 a period of time. However, there are limitations to how and how long a state-licensed child care facility can hold a child.

The statutory law permits a minor to stay at these facilities for no longer than two weeks after the time a minor was initially admitted. ³

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.⁴

4. Related Offenses

• Keeping a place of child prostitution (CRS 18-7-404)
• 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)

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