Colorado criminal charge
Violation of custody order or order relating to parental responsibilities in Colorado
Violation of custody order or order relating to parental responsibilities is a criminal offense under Colorado law, defined by C.R.S. § 18-3-304. 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. § 18-3-304.
What is the penalty for violation of custody order or order relating to parental responsibilities in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 3 years (Taking or enticing child from custody — A person who, knowing they have no privilege or heedless of that, takes or entices a child under 18 from the custody of parents, guardian, or lawful custodian commits this offense, unless subsection (2.5) applies.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Taking or enticing child from custody — A person who, knowing they have no privilege or heedless of that, takes or entices a child under 18 from the custody of parents, guardian, or lawful custodian commits this offense, unless subsection (2.5) applies.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Taking or enticing child from custody — A person who, knowing they have no privilege or heedless of that, takes or entices a child under 18 from the custody of parents, guardian, or lawful custodian commits this offense, unless subsection (2.5) applies.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Violation of custody/parental responsibilities court order — A parent or other person who violates a district or juvenile court order granting custody or parental responsibilities of a child under 18, with intent to deprive the lawful custodian, commits this offense, unless subsection (2.5) applies.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Violation of custody/parental responsibilities court order — A parent or other person who violates a district or juvenile court order granting custody or parental responsibilities of a child under 18, with intent to deprive the lawful custodian, commits this offense, unless subsection (2.5) applies.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Violation of custody/parental responsibilities court order — A parent or other person who violates a district or juvenile court order granting custody or parental responsibilities of a child under 18, with intent to deprive the lawful custodian, commits this offense, unless subsection (2.5) applies.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Removal of child from country during offense — A person who, while committing the offenses in subsections (1) or (2), removes a child under 18 from the country commits this enhanced offense.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Removal of child from country during offense — A person who, while committing the offenses in subsections (1) or (2), removes a child under 18 from the country commits this enhanced offense.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Removal of child from country during offense — A person who, while committing the offenses in subsections (1) or (2), removes a child under 18 from the country commits this enhanced offense.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is violation of custody order or order relating to parental responsibilities classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Taking or enticing child from custody | class 5 felony | A person who, knowing they have no privilege or heedless of that, takes or entices a child under 18 from the custody of parents, guardian, or lawful custodian commits this offense, unless subsection (2.5) applies. | 18-3-304(1) |
| Violation of custody/parental responsibilities court order | class 5 felony | A parent or other person who violates a district or juvenile court order granting custody or parental responsibilities of a child under 18, with intent to deprive the lawful custodian, commits this offense, unless subsection (2.5) applies. | 18-3-304(2) |
| Removal of child from country during offense | class 4 felony | A person who, while committing the offenses in subsections (1) or (2), removes a child under 18 from the country commits this enhanced offense. | 18-3-304(2.5) |
Common questions about violation of custody order or order relating to parental responsibilities in Colorado
Is violation of custody order or order relating to parental responsibilities a felony or a misdemeanor in Colorado?
It depends on the circumstances: violation of custody order or order relating to parental responsibilities ranges from a class 5 felony to a class 4 felony in Colorado under C.R.S. § 18-3-304.
Taking or enticing child from custody: class 5 felony (C.R.S. § 18-3-304(1)) · Violation of custody/parental responsibilities court order: class 5 felony (C.R.S. § 18-3-304(2)) · Removal of child from country during offense: class 4 felony (C.R.S. § 18-3-304(2.5))
What are the penalties for violation of custody order or order relating to parental responsibilities in Colorado?
Penalties for violation of custody order or order relating to parental responsibilities in Colorado depend on how it is classified — from a class 5 felony up to a class 4 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 violation of custody order or order relating to parental responsibilities?
Violation of custody order or order relating to parental responsibilities is governed by C.R.S. § 18-3-304 (Violation of custody order or order relating to parental responsibilities).
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.