Second degree kidnapping in Colorado

What the charge means

Colorado law says a person commits second degree kidnapping by knowingly seizing and carrying another person from one place to another, without that person's consent and without lawful justification. A separate part of the statute covers taking or enticing a child under eighteen away from a parent or guardian.

To convict, prosecutors must prove each element beyond a reasonable doubt:

• Knowingly. The movement was not an accident or a misunderstanding about consent.
• Seizing and carrying. The person was actually moved from one place to another. The distance does not have to be long, but there must be real movement, not just holding someone in place.
• Without consent. The person did not agree to go.
• Without lawful justification. There was no legal authority for the movement, such as a lawful arrest.

These charges often grow out of ordinary disputes. A heated argument where one person drives off while the other wants out of the car, a custody exchange that goes wrong, or a fight that moves from one room to another can all draw a kidnapping count. Kidnapping is also commonly stacked on top of other charges, such as assault or domestic violence allegations, because any forced movement during another crime can be charged separately.

Classification and sentencing

The felony class depends on the circumstances:

• Class 4 felony is the base level. If the court imposes prison, the presumptive range is 2 to 6 years, followed by 3 years of mandatory parole.
• Class 3 felony applies if the kidnapping was done with intent to sell, trade, or barter the victim, or with a deadly weapon, an object made to look like one, or a claim of being armed. If prison is imposed, the presumptive range is 4 to 12 years, followed by 3 years of mandatory parole.
• Class 2 felony applies if the person kidnapped was also the victim of a robbery or a sexual offense. If prison is imposed, the presumptive range is 8 to 24 years.

The aggravated versions generally carry crime of violence sentencing under C.R.S. 18-1.3-406. That is a sentencing rule, not a separate charge: it requires a prison sentence of at least the midpoint of the presumptive range and allows up to twice the maximum. In those cases prison is mandatory.

For the base class 4 version, the ranges above describe what applies only if the court sends someone to prison. Probation, community corrections, or other sentences are often possible, and the right outcome depends on the facts, the criminal history, and the county's practices.

What else it touches

A kidnapping conviction reaches well beyond the sentence:

• Firearms. Any felony conviction bars possessing a firearm under both Colorado and federal law.
• Immigration. Kidnapping convictions can be treated as crimes involving moral turpitude or aggravated felonies, which can mean removal and permanent bars for a noncitizen.
• Record sealing. If the case ends in dismissal or acquittal, the record can generally be sealed. A kidnapping conviction is far harder to seal and in many situations is not eligible at all.
• Family court. Because these cases often involve partners or children, a conviction can weigh heavily in custody and parenting time decisions.

We defend second degree kidnapping cases, and a free consultation is the place to get answers about a specific situation. Calls and emails are returned the same business day.