In Colorado, kidnapping is the felony crime of imprisoning another person and/or causing them to move from one place to another by force or unlawful enticement or persuasion.
First degree kidnapping (CRS 18-3-301) is taking someone for ransom, while second-degree kidnapping (CRS 18-3-302) comprises all other unlawful takings.
The punishment for first-degree kidnapping turns on whether the victim was harmed or threatened.
| First degree kidnapping in Colorado | Penalties |
| The victim is unharmed, and you did not threaten to use a deadly weapon | class 2 felony: 8 to 24 years in prison |
| If you possessed a deadly weapon and threatened to use it | class 2 felony: 16 to 48 years in prison |
| If the victim is injured or died | class 1 felony: 16 years to life in prison |
The punishment for second-degree kidnapping varies widely depending on your intent.
| Second degree kidnapping in Colorado | Penalties |
| No aggravating circumstances | class 4 felony: 2 to 8 years in prison and/or $2,000 to $500,000 |
| You intended to sell or trade the victim | class 3 felony: 4 to 16 years in prison (or 10 to 32 years if you had a deadly weapon and threatened to use it) and/or $3,000 to $750,000 |
| The victim is a victim of robbery or a sexual offense, or the victim is a child you took with intent to conceal the child from their parent/guardian or with the intent to sell or trade them. | class 2 felony: 8 to 24 years in prison (or 16 to 48 years if you had a deadly weapon and threatened to use it) and/or $5,000 to $1,000,000 |
Here at Colorado Legal Defense Group, we have represented literally thousands of people accused of kidnapping, often in the context of child custody battles. In our experience, the following five defenses can be very persuasive with prosecutors, judges, and juries:
- You never moved the alleged victim,
- You had the legal right to move and/or detain the alleged victim,
- The alleged victim willingly consented to going with you,
- You were the victim of mistaken identity, or
- You had to move the alleged victim in order to keep them safe.
To help you better understand Colorado’s kidnapping laws, our Denver criminal defense lawyers discuss the following, below:
- 1. What is kidnapping?
- 1.1. Definition of first-degree kidnapping — 18-3-301 C.R.S.
- 1.2. Definition of second-degree kidnapping — 18-3-302 C.R.S.
- 1.3. The difference between first and second-degree kidnapping
- 1.4. The legal definition of “asportation” (seizing and carrying)
- 1.5. The difference between Colorado kidnapping and false imprisonment
- 1.6. Can you kidnap your own child?
- 2. Consequences of kidnapping in Colorado
- 3. Colorado kidnapping defenses
- 4. Further resources
Kidnapping someone for ransom is Colorado first degree kidnapping. Kidnapping for any other purpose is Colorado second-degree kidnapping.
1. What is kidnapping?
1.1. Definition of first-degree kidnapping — 18-3-301 C.R.S.
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:
- (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.
1.2. Definition of second-degree kidnapping — 18-3-302 C.R.S.
18-3-302 (1), C.R.S. defines second-degree kidnapping. That section provides:
- (1) Any person who knowingly seizes and carries any person from one place to another, without his 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 the 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.
1.3. The difference between first and second-degree kidnapping
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. In some cases, depending on what happens during the kidnapping, second-degree kidnapping can even be punished more harshly than first-degree kidnapping.
1.4. The legal definition of “asportation” (movement)
Another difference between first and second-degree kidnapping arises from the concept of seizing and carrying the victim to another location — known legally as “asportation.” Asportation is not a requirement for first-degree kidnapping but is for second-degree kidnapping. 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
- Example: Joe accosts Katie as she leaves her office one night. He orders her into a dark alley a few feet away. Even though he did not use force or move her very far, because being in a dark place increases Katie’s risk of harm, Joe has satisfied the asportation requirement of kidnapping.
1.5. The difference between second-degree kidnapping and false imprisonment
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:
- You use force or the threat of force to confine or detain the other person; AND
- You confine or detain the other person for at least 12 hours.
- Example: Doug suspects his co-worker, Emma, of stealing his lunch from the company refrigerator. So when Emma goes to the supply closet, Doug locks her in and searches Emma’s office. 20 minutes later, Doug apologizes and lets Emma out. Doug is guilty of false imprisonment.
- But… if Doug grabbed Emma and pulled her into the closet, he would be guilty of second-degree kidnapping. Even though the crime is almost exactly the same, because the second example involves movement, it is kidnapping.
1.6. Can you kidnap your own child?
Child custody and abduction is governed by two sets of laws:
- The “Uniform Child-custody Jurisdiction and Enforcement Act,” 14-13-101, C.R.S. and
- The “Uniform Child Abduction Prevention Act,” 14-13.5-101, C.R.S.
You violate these laws when:
- You take your child out of the state in violation of a court order or without the consent of the other parent, or
- You wrongfully retain the child when you are supposed to return him or her to the other parent.
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.
2. Consequences of kidnapping in Colorado
2.1. “Extraordinary risk” enhancement
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.
2.2. “Crime of violence” enhancement
Kidnapping becomes a Colorado “crime of violence” if:
- You used or possessed and threatened the use of, a deadly weapon; or
- You caused serious bodily injury or death to any other person except another participant.
If you are convicted of kidnapping as a crime of violence, you will face increased minimum and maximum penalties.
2.3. First-degree kidnapping penalties
If the victim is physically unharmed, first-degree kidnapping is a class 2 felony. Punishment for first-degree kidnapping includes:
- 8-24 years in prison, and
- A fine of $5,000-$1,000,000.
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.
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:
- 16 years to life imprisonment.
2.4. Second-degree kidnapping penalties
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:
- 2-8 years in prison, and/or
- A fine of $2,000-$500,000.
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:
- 4-16 years in prison (or 10-32 years if you used, or possessed and threatened the use of, a deadly weapon), and/or
- A fine of $3,000-$750,000.
Second-degree kidnapping is a class 2 felony if either:
- The person kidnapped is a victim of a sexual offense; or
- The person kidnapped is a victim of a robbery; or
- The kidnapping was taking a child under 18 (not your own) with intent to keep or conceal the child from their parent or guardian or with intent to sell, trade, or barter the child for consideration commits second degree kidnapping.
Class 2 felonies carry:
- 8-24 years in prison (increasing to 16-48 years if you used, or possessed and threatened the use of, a deadly weapon), and/or
- A fine of $5,000-$1,000,000.
3. Colorado kidnapping defenses
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):
- You never moved the alleged victim – This defense could reduce the kidnapping charges down to false imprisonment or a full dismissal.
- You had the legal right to move and/or detain the alleged victim – This defense is particularly common in child custody cases where you share legal and physical custody of your child.
- The alleged victim willingly consented to going with you – If the alleged victim lies and claims they never consented, we may be able to find evidence of their prior consent such as texts or eyewitness accounts of them consenting.
- You were the victim of mistaken identity – It is not unusual for victims to falsely identify their kidnappers out of lineups, especially if the actual culprits were wearing masks.
- You had to move the alleged victim in order to keep them safe – In these cases, we show that any reasonable person in your situation would have acted the same way and that you were legally justified to move the alleged victim without their consent.
Further resources
If you or someone you know is in immediate danger, call 911. Otherwise, you can find help and information at:
- Parental Child Abduction Prevention Resources, U.S. Department of State
- Missing Persons, Colorado Bureau of Investigations (CBI)
- Kidnapping & False Imprisonment, Legal Information Network of Colorado (LINC)
- Stranger Safety and Kidnapping Prevention Skills, Kidpower of Colorado
- Child Abduction Response Team (CART) Resources, Amber Advocate
Legal references:
- See, for example, People v. Metcalf, App.1996, 926 P.2d 133, modified on denial of rehearing, certiorari denied. Garcia v. People (2022) 2022 CO 6.
- See People v. Ridenour, App.1994, 878 P.2d 23, certiorari denied.