Colorado criminal charge
First degree kidnapping in Colorado
First degree kidnapping is a criminal offense under Colorado law, defined by C.R.S. § 18-3-301. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-3-301.
What is the penalty for first degree kidnapping in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | First degree kidnapping — victim suffered bodily injury — Applies when the kidnapped person suffered bodily injury, though the death penalty is barred if the victim was liberated alive before the kidnapper's conviction.; life imprisonment | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 8 years to 24 years (First degree kidnapping — victim liberated unharmed — Applies when, prior to the defendant's conviction, the kidnapped person was liberated unharmed.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $5,000 to $1,000,000 (First degree kidnapping — victim liberated unharmed — Applies when, prior to the defendant's conviction, the kidnapped person was liberated unharmed.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (First degree kidnapping — victim liberated unharmed — Applies when, prior to the defendant's conviction, the kidnapped person was liberated unharmed.; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses charged on/after 2020-07-01 (death penalty repealed, SB20-100).
How is first degree kidnapping classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First degree kidnapping — victim suffered bodily injury | Class 1 Felony | Applies when the kidnapped person suffered bodily injury, though the death penalty is barred if the victim was liberated alive before the kidnapper's conviction. | 18-3-301(2) |
| First degree kidnapping — victim liberated unharmed | Class 2 Felony | Applies when, prior to the defendant's conviction, the kidnapped person was liberated unharmed. | 18-3-301(3) |
Common questions about first degree kidnapping in Colorado
Is first degree kidnapping a felony or a misdemeanor in Colorado?
It depends on the circumstances: first degree kidnapping ranges from a Class 2 Felony to a Class 1 Felony in Colorado under C.R.S. § 18-3-301.
First degree kidnapping — victim suffered bodily injury: Class 1 Felony (C.R.S. § 18-3-301(2)) · First degree kidnapping — victim liberated unharmed: Class 2 Felony (C.R.S. § 18-3-301(3))
What are the penalties for first degree kidnapping in Colorado?
Penalties for first degree kidnapping in Colorado depend on how it is classified — from a Class 2 Felony up to a Class 1 Felony — with the ranges set by C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers first degree kidnapping?
First degree kidnapping is governed by C.R.S. § 18-3-301 (First degree kidnapping).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.