In Colorado, the crime of false imprisonment is defined as the unlawful detention of a person without his or her consent. False imprisonment differs from kidnapping in that the offense does not require that the victim be moved.
False imprisonment is typically a class 2 misdemeanor, punishable by
- a jail sentence of up to 120 days in jail and/or
- a fine of up to $750.
But false imprisonment becomes a class 5 felony if it is a 12-hour-plus detention involving force or threats of force or if the victim is under 18 and restrained in a way that causes bodily injury or serious emotional distress. Penalties include
- a prison sentence of 1 to 3 years and/or
- $1,000 to $100,000.
The law is found in the statute CRS 18-3-303, which states that:
(1) Any person who knowingly confines or detains another without the other’s consent and without proper legal authority commits false imprisonment. This section does not apply to a peace officer acting in good faith within the scope of his or her duties.
(2) False imprisonment is a class 2 misdemeanor; except that false imprisonment is a class 5 felony if:
(a)(I) The person uses force or threat of force to confine or detain the other person; and
(II) The person confines or detains the other person for twelve hours or longer; or(b)(I) The person confines or detains another person less than eighteen years of age in a locked or barricaded room under circumstances that cause bodily injury or serious emotional distress; and
(II) Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the child; or(c) The person confines or detains another person less than eighteen years of age by means of tying, caging, chaining, or otherwise using similar physical restraints to restrict that person’s freedom of movement under circumstances that cause bodily injury or serious emotional distress.
(3) Notwithstanding section 13-90-107 or any other provision of law, the statutory privilege between a patient and a physician or between an individual and his or her spouse is not available for the purpose of excluding or refusing testimony in any prosecution for a violation of this section where the conditions described in subsection (2)(b) or (2)(c) of this section are alleged.
(4) Nothing in this section limits the ability of a person to assert the affirmative defense described in section 18-1-703.
False imprisonment can occur in many situations — including wrongful detention
- in cases of suspected shoplifting or
- in domestic violence incidents.
To help you better understand the law, our Denver Colorado criminal defense lawyers discuss the following:
- 1. What is false imprisonment?
- 2. Is false imprisonment a felony?
- 3. What are the best defenses to the charge?
- 4. Can false imprisonment be a plea bargain to kidnapping charges?
- 5. Related offenses
False imprisonment in Colorado is detaining someone without consent or legal authority.
1. What is false imprisonment?
The Colorado crime of false imprisonment is knowingly confining or detaining another person without their consent and without lawful authority.1
An example of false imprisonment is a husband blocking the bedroom door with his body to keep his wife from leaving during a fight. Even if she manages to squeeze by, the husband would still be criminally liable for false imprisonment by intentionally and unlawfully confining his wife against her will.
Note that law enforcement is permitted to detain and confine criminal suspects for a reasonable period of time.
2. Is false imprisonment a felony?
False imprisonment is typically a class 2 misdemeanor in Colorado, carrying up to 120 days in jail and/or a fine of up to $750. But false imprisonment becomes a class 5 felony in either of the following three circumstances:
- The defendant used force – or threats of force – to confine or detain the other victim. And the detention lasted for at least 12 hours.
- The victim was under 18 and in a locked or barricaded room under circumstances that cause bodily injury or serious emotional distress. And the false imprisonment was part of a pattern of cruel punishment.
- The victim was under 18 and confined by physical restraints under circumstances that cause bodily injury or serious emotional distress.
Felony false imprisonment penalties can include:
- 1 – 3 years in prison, and/or
- A fine of $1,000-$100,000.2
Violating Colorado criminal code 18-3-303 can be a misdemeanor or felony depending on the circumstances.
3. What are the best defenses to the charge?
Potential defenses to false imprisonment charges in Colorado include:
- The other person consented to the “detainment,”
- The other person was free to go, or
- The defendant was a peace officer acting in good faith.
4. Can false imprisonment be a plea bargain to kidnapping charges?
False imprisonment is a lesser included offense of the more serious crime of second-degree kidnapping under CRS 18-3-302. Kidnapping carries a possible penalty of up to 24 years in prison.
An experienced Colorado criminal defense attorney can sometimes negotiate a plea bargain to kidnapping charges. When this works, the prosecutor drops the kidnapping charge in exchange for your pleading guilty to false imprisonment.3
5. Related offenses
Menacing
Menacing (CRS 18-3-206) is putting someone in fear of imminent bodily harm either through words or actions. It can be a felony or a misdemeanor, depending on whether a deadly weapon was involved.
Assault
Assault is causing physical harm to another person, such as kicking, pushing, or throwing objects at. There are three degrees of assault depending on the extent of the injuries and the defendant’s criminal intent. Third-degree assault is a misdemeanor, but second- and first-degree assaults are felonies.
Stalking
Stalking (CRS 18-3-602) is harassing someone in a way that involves both a credible threat and repeated behavior that reasonably causes the victim to be fearful or to suffer serious emotional distress. Stalking is always a felony.
Violating a restraining order
A first offense of violating a civil protection order is a class 2 misdemeanor, punishable by 3 to 12 months in jail and/or $250 to $1,000 in fines. Penalties increase with each successive conviction.
Colorado Legal Defense Group
4047 Tejon Street
Denver CO 80211
Legal References
- CRS 18-3-303. See, e.g., People v. Martinez, (Colo. 1981) 634 P.2d 26. People v. Smith, (Colo. 1981) 638 P.2d 1. People v. Gallegos, (Colo. 1982) 644 P.2d 920.
- Same. Prior to March 1, 2022, class 2 misdemeanor penalties were 3 months to 1 year in jail and/or $250 to $1,000. SB21-271.
- People v. Joyce, (Colo. App. 2002) 68 P.3d 521. Beyer v. Young, (1973) 32 Colo. App. 273, 513 P.2d 1086. People v. Arispe, (1976) 191 Colo. 555, 555 P.2d 525.