Colorado Kidnapping/Abduction Laws


Colorado laws classify kidnapping into two categories; first degree kidnapping and second degree kidnapping.  According to C.R.S. 18-3-301,  a person commits first degree kidnapping if s/he carries any person from one place to another using force; or persuades another to move; or imprisons or secrets any person with the intent to force the victim to make any concession or give up anything of value in order to secure release.

A person committing first degree kidnapping is guilty of a class 1 felony if the victim suffered bodily injury.  However a person convicted of first degree kidnapping shall not be awarded death penalty if the person kidnapped was liberated alive prior to the conviction of the defendant.

If the victim was liberated unharmed, prior to the conviction of person who kidnapped, then the offender is guilty of a class 2 felony.

According to C.R.S. 18-3-302 a person commits second degree kidnapping when s/he seizes and carries any person from one place to another, without his consent and without lawful authority; or s/he takes away any child below 18 years with intent to keep or conceal the child from his or her parent or guardian or with intent to sell, trade, or barter such child for consideration. 

Second degree kidnapping is a class 2 felony if the person kidnapped is a victim of a sexual offense or robbery.

Second degree kidnapping is a class 3 felony if the kidnapping is accomplished with intent to sell, trade, or barter the victim for consideration; or by the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or by the perpetrator representing verbally or otherwise that s/he is armed with a deadly weapon.

All other kidnappings are class 4 felonies. 

The seizing and carrying of a person from one place to another is the basic asportation element of kidnapping.[1]   The elements of Kidnapping in the Second Degree are :

  • Knowingly
  • Forcibly or otherwise
  • Seizing and carrying any person from one place to another
  • Without her consent, and
  • Without lawful justification.[2]

According to C.R.S. 18-1.3-401, for any person sentenced for a felony committed on or after July 1, 1993, for class 1 felony, sentence is life imprisonment or death.  A person guilty of class 2 felony will be sentenced to imprisonment for not more than 24 years or less than eight years.  Class 3 felony is punishable with imprisonment for not more than 12 years or less than four years.  Class 4 felony is punishable with imprisonment for not more than six years or less than two years. 

Colorado Department of Public Safety is responsible for homeland security programs, sex offender registry and management programs, AMBER Alerts, identity theft and complex fraud investigations, gaming enforcement, school safety services, new forensic laboratory services including DNA testing and new school safety inspections.

 


[1] People v. Owens, 97 P.3d 227, 237 (Colo. Ct. App. 2004)

[2] People v. Powell, 716 P.2d 1096, 1102 (Colo. 1986)