Colorado’s laws regarding kidnapping are rooted in the state’s commitment to protecting individuals from unlawful confinement and abduction, with their severity reflecting the lasting impact of infamous cases like the Lindbergh baby kidnapping. In 1932, the abduction and murder of Charles Lindbergh’s infant son shocked the nation and led to the enactment of stricter kidnapping laws across the United States, including Colorado. This high-profile case underscored the need for more robust legal measures to deter and punish those who commit these crimes.
In Colorado, kidnapping is classified into first and second degrees, with the seriousness of the charge depending on factors such as the use of force, the perpetrator’s intent, and the harm inflicted on the victim. The state imposes severe penalties for kidnapping, and prosecutors pursue these cases aggressively. If you or someone you care about is charged with a kidnapping crime, you need experienced and aggressive criminal defense attorneys such as the attorneys at the Law Offices of Clifton Black (719-328-1616).
I. Definition of Kidnapping in Colorado
Kidnapping (C.R.S. 18-3-301, C.R.S. 18-3-302) is defined as: “Moving another person from one location to another without their consent.”
The distance the person was moved is irrelevant—it could be hundreds of miles or a couple of feet. The key factor is whether you had their consent or agreement to move them in the first place.
Colorado has two different degrees of kidnapping, first-degree and second-degree kidnapping. First-degree kidnapping (C.R.S. 18-3-301) involves taking someone with the intent to demand ransom, while second-degree kidnapping (C.R.S. 18-3-302) includes all other forms of unlawful abduction.
II. First-Degree Kidnapping
A. What is First Degree Kidnapping?
First-degree kidnapping charges are the most severe. These charges are usually filed when a person is accused of any of the following actions with the intent to make a concession or obtain something of value (ransom):
- Forcibly moves a person from one place to another
- Lures, persuades or entices someone to move to another place
- Hides or imprisons another person
B. Examples of First-Degree Kidnapping
Probably the most famous example of what would constitute first-degree kidnapping is the infamous Lindbergh case:
On the night of March 1, 1932, 20-month-old Charles Lindbergh Jr., the son of famed aviator Charles Lindbergh and his wife Anne, was kidnapped from his crib in the family’s New Jersey home. The kidnapper left a ransom note demanding $50,000. {Forcibly moves a person from one place to another intending to get a ransom}
Despite paying the ransom, the child was not returned (the child had been murdered shortly after being abducted). {This action would take first-degree kidnapping from the least severe punishment to the most severe}
C. Prison Sentences For First Degree Kidnapping
- If the Alleged Victim is unharmed and was not threatened with a deadly weapon, it is a Class 2 Felony and carries a potential prison sentence of 8 to 24 years
- If the Defendant possessed a deadly weapon and threatened to use it, it is a Class 2 Felony and carries a potential prison sentence of 16-48 years.
- If the Alleged Victim is injured or dies, it is a Class 1 Felony and carries a potential prison sentence of 16 years to life imprisonment.
III. Second-Degree Kidnapping
A. What is Second-Degree Kidnapping?
Although slightly less severe, second-degree kidnapping is still a very serious offense. Colorado Revised Statute 18-302(1) defines second degree kidnapping as:
(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.
B. Scenarios for Second-Degree Kidnapping
- Moving Someone – Physically pushing or pulling a spouse or other person to another room to have a conversation during a fight.
- During a Car Theft – Theft of a car and later realizing that a child is in the backseat asleep
- Robbery – Moving the homeowners from one room to another during a Robbery / Home Invasion.
Prison Sentences For Second-Degree Kidnapping
- If there are no aggravating circumstances, it is a Class 4 Felony and carries a potential prison sentence of 2 to 8 years.
- If the Defendant intended to sell or trade the Alleged Victim, it is a Class 3 Felony and carries a potential prison sentence of 4-16 years.
- If the Defendant possessed a deadly weapon and threatened to use it, the crime carries a potential prison sentence of 10-32 years.
- If the Alleged Victim is the subject of robbery or sexual offense, it is a Class 2 Felony and carries a potential prison sentence of 8-24 years.
- If the Defendant possessed a deadly weapon and threatened to use it, the crime carries a potential prison sentence of 16-48 years.
- If the Alleged Victim is a child that was taken with the intent to conceal them from their parents or with the intent to trade them, it is a Class 2 Felony and carries a potential prison sentence of 8-24 years.
- If the Defendant possessed a deadly weapon and threatened to use it, the crime carries a potential prison sentence of 16-48 years.
IV. Legal Defenses Against Kidnapping Charges
A skilled and experienced attorney like the attorneys at the Law Office of Clifton Black will look at your individual case to see whether a variety of defenses may exist. Those can include suppressing evidence, presenting witness credibility issues, etc. There are some defenses that apply specifically to kidnapping cases, including:
- You did not move the alleged victim.
- You had the legal authority to move or detain the alleged victim.
- The alleged victim voluntarily agreed to go with you.
- You were misidentified as the perpetrator.
- You moved the alleged victim to protect their safety.
V. Other Resources Concerning First-Degree and Second-Degree Kidnapping
First-Degree Kidnapping Colorado Statute – Colorado Title 18. Criminal Code § 18-3-301 | FindLaw
Second-Degree Kidnapping Colorado Statute – Colorado Title 18. Criminal Code § 18-3-302 | FindLaw
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
If you or someone you care about are charged with a kidnapping crime, you need an experienced and aggressive criminal defense attorney such as the attorneys at the Law Offices of Clifton Black (719-328-1616).
