Under Colorado law, kidnapping is among the most serious crimes you can be charged with. Often, what seems like a relatively harmless action with no lasting injury can result in serious charges and severe penalties, including long prison terms.
Kidnapping is also a crime where the exact details of events can make a huge difference in the charges you face and might be found guilty of. When you are accused of kidnapping, an experienced Colorado criminal defense attorney can help you understand the law and which defenses can make the biggest difference in reducing your charges or avoiding conviction. Criminal defense attorney M. Colin Bresee has helped many people defend against charges of kidnapping, including parents accused of kidnapping their own child.
Contact the Law Offices of M. Colin Bresee today for a free consultation to learn how he can help if you’ve been accused of kidnapping.
Degrees of Kidnapping Under Colorado Law
Colorado law defines two different types of kidnapping: First-degree and second-degree. False imprisonment, violation of custody orders, and enticement or internet luring of a child are also included under the general heading of kidnapping.
This chart gives a quick summary of the law, but we’ll go into more detail below:
| Offense / Felony Class | Presumptive Prison Range | Fines | Parole / Other Consequences | Notes & Enhancements |
| First-Degree Kidnapping (Class 1 Felony) | Life imprisonment | Up to $1,000,000 | Mandatory parole if not life | Applied if the victim suffers bodily injury or death |
| First-Degree Kidnapping (Class 2 Felony) | 8 – 24 years | $5,000 – $1,000,000 | 5 years mandatory parole | Up to 48 years if designated a crime of violence (deadly weapon, serious bodily injury, or threat of death) |
| Second-Degree Kidnapping (Class 2 Felony) | 8 – 24 years | $5,000 – $1,000,000 | 5 years mandatory parole | Applies when kidnapping involves sexual assault, robbery, or intent to sell/trade a child |
| Second-Degree Kidnapping (Class 3 Felony) | 4 – 12 years | $3,000 – $750,000 | 5 years mandatory parole | Applies if a deadly weapon used, threatened, or intent to sell/trade a child |
| Second-Degree Kidnapping (Class 4 Felony) | 2 – 6 years | $2,000 – $500,000 | 3 years mandatory parole | Standard second-degree charge (movement without consent that increases risk) |
| Violation of Custody Order (Class 5 Felony) | 1 – 3 years | $1,000 – $100,000 | 2 years mandatory parole | Upgraded to Class 4 felony if the child taken out of the country |
| False Imprisonment (Class 2 Misdemeanor) | Up to 12 months | Up to $1,000 | Probation possible | Can rise to Class 5 felony if threats, restraints, or child abuse are involved |
| Enticement of a Child (Class 4 Felony) | 2 – 6 years | $2,000 – $500,000 | 3 years mandatory parole | Class 3 felony (4–12 years) with prior conviction |
| Internet Luring of a Child (Class 5 Felony) | 1 – 3 years | $1,000 – $100,000 | 2 years mandatory parole | Class 4 felony if meeting is arranged for sexual purposes |
| Attempted Kidnapping | One class lower than the completed offense | Varies by felony class | Same parole as felony class | Still considered a violent crime if the original charge was violent |
First-Degree Kidnapping (Class 1 or Class 2 Felony)
First-degree kidnapping is defined in CRS (Colorado Revised Statutes) § 18-3-301. It includes asking someone to make concessions or give up something of value. In addition, the offense must include at least one of the following:
- Forcibly seizing and carrying a person from one place to another (called asportation in legal terms)
- Enticing or persuading a person to go from one place to another
- Imprisoning or hiding a person
Without an actual or intended demand for ransom, your offense can’t be considered first-degree kidnapping.
Normally, first-degree kidnapping is a class 2 felony. If a kidnapper used or threatened the use of a deadly weapon, first-degree kidnapping remains a class 2 felony, but is subject to the violent crime sentencing enhancements, which means that the sentence can be up to double the presumptive sentencing period. With a class 2 felony, the maximum presumptive sentence is 24 years, so a violent kidnapping can have a sentence of up to 48 years.
However, First-degree kidnapping can become a class 1 felony if the kidnapped person suffered bodily injury. A class 1 felony can result in lifetime imprisonment. In addition, the district attorney can label first-degree kidnapping as domestic violence if the alleged victim and the accused kidnapper are in a domestic relationship or are current or former intimate partners.
Second-Degree Kidnapping (Class 4 Felony or Higher)
Second-degree kidnapping is defined in CRS § 18-3-302. It is defined as either of two things:
- Transporting someone from one place to another without their consent when this movement increases the risk of harm to the person
- Taking, enticing, or leading a child other than their own away from a parent or guardian with the intent to sell, trade, or barter the child
Normally, second-degree kidnapping is a class 4 felony. However, it is a class 3 felony if the kidnapping is done with a deadly weapon or the implication that a person has a deadly weapon, or if the goal is to sell, trade, or barter the victim.
Second-degree kidnapping is a class 2 felony if the kidnapped person is a victim of robbery or a sexual offense. If sexual offenses occur or are attempted on a kidnapping victim, you might be labeled a sex offender. Kidnapping a child with the intent to sell, trade, or barter them is also a class 2 felony.
Second-degree kidnapping can be labeled domestic violence, which will carry additional penalties and restrictions.
Parental Kidnapping in Colorado
Colorado law doesn’t use the term “parental kidnapping.” However, CRS § 18-3-304, “Violation of custody order or order relating to parental responsibilities,” is under the general heading of kidnapping.
Violation of custody orders is defined as taking a child away from their legal parental guardians or other lawful custodians in violation of court orders, and can be considered child abduction.
Normally, this type of code violation is considered a class 5 felony. When the child is removed from the country, it becomes a class 4 felony.
Arguing that the child was at risk and the movement was for their safety, or that a child who was 14+ years of age wanted to come with the alleged kidnapper, can be successful defenses against a parental kidnapping charge.
In addition to Colorado law, cross-state custody cases are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which can make these cases even more complicated..
False Imprisonment vs. Kidnapping
False imprisonment is included under the general subheading of kidnapping. False imprisonment is defined in CRS § 18-3-303. It’s different from kidnapping in that the accused didn’t ask for ransom and didn’t transport the victim.
Normally, false imprisonment is a class 2 misdemeanor except when:
- A threat of force is used, and a person is detained for twelve hours or longer
- The detained person is less than 18 years of age in a locked or barricaded room as part of a pattern of cruel punishment or child abuse
- The imprisoned person is tied up, chained up, or similarly restrained
In these cases, false imprisonment is considered a class 5 felony.
Enticement of a Child
Enticement of a child is when a person invites or attempts to invite a child under the age of fifteen to go to a place for the purposes of sexual assault or unlawful sexual contact. The child doesn’t even have to understand that they are being enticed.
Enticement of a child is a class 4 felony or a class 3 felony if the person has a previous conviction.
Internet Luring of a Child
Internet luring is when a person communicates with a child under the age of fifteen via computer or phone and arranges to meet with them for any purpose.
Internet luring of a child is normally a class 5 felony, but it is a class 4 felony if the meeting was for sexual purposes.
Attempted Kidnapping
An attempted felony is considered one class lower than it would be if the crime had been committed. For example, first-degree kidnapping is a class 2 felony, so attempted first-degree kidnapping is a class 3 felony. If the kidnapping had been considered a violent crime, the attempted kidnapping would be considered a violent crime and subject to the same extended prison sentence.
Collateral Consequences of a Kidnapping Conviction
A kidnapping conviction in Colorado carries more than just prison time and fines. Even after serving a sentence, the long-term consequences can impact nearly every part of your life:
- Loss of gun rights: Felony convictions in Colorado permanently strip individuals of the right to own or possess firearms.
- Immigration consequences: Non-citizens, including lawful permanent residents, may face deportation or be barred from reentry if convicted of kidnapping, which is considered an aggravated felony under federal law.
- Employment and housing barriers: A kidnapping conviction creates a permanent felony record, making it difficult to secure jobs, professional licenses, or rental housing. Many employers and landlords conduct background checks that flag kidnapping as a serious violent crime.
- Sex offender registration: If kidnapping involves sexual assault, attempted sexual assault, or child enticement, defendants may be required to register as sex offenders—a consequence that brings lifelong restrictions on where you can live and work.
- Child custody and family law impacts: Parents convicted of kidnapping (including custody order violations) may lose visitation rights or custody, with courts often treating kidnapping as a severe risk to the child’s well-being.
Defenses Against Kidnapping Charges
Some common defenses against kidnapping charges include:
- The person consented to being moved.
- You didn’t actually move the person.
- You moved the person in order to keep them safe.
- You aren’t the person who kidnapped the victim.
- Your legal rights as a parent allowed you to move the child.
- Evidence was obtained through a violation of your constitutional rights.
The potential success of these defenses depends on the skill of your criminal defense attorney.
How a Colorado Criminal Defense Attorney Can Help
If you are accused of kidnapping, it’s important to obtain the help of a Colorado criminal defense attorney as soon as possible. Essential evidence in your kidnapping case can begin to disappear immediately. The sooner you get an attorney on your side, the sooner you can start collecting evidence for your defense.
In addition, an attorney can challenge the evidence that the prosecution is bringing against you if it was obtained illegally. If necessary, a criminal defense attorney can defend you at trial to beat all or some of the charges. Always choose an attorney who has trial experience and isn’t afraid to go to trial when necessary.
Denver criminal defense lawyer M. Colin Bresee has helped many people accused of kidnapping to protect themselves when charges are false, overblown, or based on illegal evidence. He can help you.
If you are facing kidnapping charges, contact the Law Offices of M. Colin Bresee today for a free consultation. Otherwise, you face felony charges, a long prison sentence, and the destruction of your life that comes with being a convicted felon.
Disclaimer: Past results do not predict future performance. Neither this page nor any other on the website constitutes legal advice and does not establish a client-attorney relationship.
