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Custodial Interference / Parental Kidnapping

Allegations of custodial interference or parental kidnapping in Colorado place a parent in one of the most difficult positions imaginable—caught between the criminal justice system and the delicate realities of family life. These charges arise when a parent or other individual is accused of taking or keeping a child in violation of a court order or without legal authority. The consequences are not limited to the courtroom; they reach directly into a person’s relationship with their child, affecting custody rights, parental responsibilities, and the future stability of the family. The law in this area is complex, with multiple statutes that define separate offenses, each carrying its own elements and potential penalties.

Colorado Custodial Interference / Parental Kidnapping Lawyer

Because of these complications, it is essential to have clear guidance on what the law requires, how prosecutors approach these cases, and what defenses may be available. Below, Law Office of Matthew A. Martin, P.C provides an overview of custodial interference and parental kidnapping under Colorado law, outlining the governing statutes, the penalties that may apply, the defenses recognized by the courts, and the critical role an experienced custodial interference / kidnapping defense lawyer plays in protecting both legal rights and parental relationships.

If you have been charged with Custodial Interference or Parental Kidnapping in Colorado, then you need a strong criminal defense attorney. The Law Office of Matthew Martin is prepared to provide full-service legal representation for clients accused of domestic violence and kidnapping crimes.

Call (303) 725-0017 to set up your first consultation free of charge.

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First Degree Kidnapping in Colorado

What First Degree Kidnapping Means — Colorado Revised Statutes section 18-3-301 defines first degree kidnapping as a crime committed when someone takes control of another person in order to force concessions or obtain something of value in exchange for release. This statute describes several different ways the crime can happen. A person may forcibly seize and move another individual from one place to another, entice or persuade someone to leave a location, or imprison or conceal a person against their will. The common factor in all of these situations is the intent to pressure another party into giving up something valuable to secure freedom for the victim.

The Penalties for First Degree Kidnapping — The consequences for first degree kidnapping in Colorado depend on the condition of the victim. If the victim suffers bodily injury, the offense is classified as a class 1 felony, which is the most serious level under Colorado law. A class 1 felony carries a mandatory sentence of life imprisonment, with no possibility of the death penalty, as it was repealed in 2020. Juveniles convicted as adults may be sentenced to life imprisonment with the possibility of parole after serving 40 years. If the victim is released alive and unharmed before conviction, the crime is reduced to a class 2 felony. In 2025, this carries a prison term of 8 to 24 years, fines ranging from $5,000 to $1,000,000, and a mandatory parole period of 3 years. The statute makes clear that the death penalty cannot be imposed if the victim is released alive before conviction.

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Second Degree Kidnapping in Colorado

What Second Degree Kidnapping Means — Colorado Revised Statutes section 18-3-302 sets out the definition of second degree kidnapping, which is broader in scope than first degree kidnapping. A person commits this offense by knowingly seizing and carrying another individual from one place to another without consent and without lawful justification, where the movement increases the risk of harm. It also applies to situations where someone takes, entices, or lures away a child under the age of eighteen who is not their own, with the intent to keep the child from a parent or guardian, or with the intent to sell, trade, or barter the child for something of value.

The Penalties for Second Degree Kidnapping — The classification of second degree kidnapping in Colorado depends on the specific circumstances of the case. If the victim is subjected to a sexual offense, a robbery, or if the kidnapping involves concealing or trading a child, the offense is elevated to a class 2 felony. A class 2 felony carries a prison sentence of 8 to 24 years, fines ranging from $5,000 to $1,000,000, and a mandatory parole period of 3 years. If the act involves the use of a deadly weapon, pretending to have a deadly weapon, or attempting to trade the victim for consideration, the offense is charged as a class 3 felony. A class 3 felony carries a sentence of 4 to 12 years in prison, fines of $3,000 to $750,000, and a mandatory 3-year parole period, although the penalty can be higher if the crime is classified as violent or presents an extraordinary risk of harm. In cases where none of these aggravating factors are present, second degree kidnapping is charged as a class 4 felony, which carries a sentence of 2 to 6 years in prison, fines between $2,000 and $500,000, and a mandatory 3-year parole term.

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False Imprisonment in Colorado

What False Imprisonment Means — Colorado Revised Statutes section 18-3-303 makes it a crime to knowingly confine or detain another person without that person’s consent and without proper legal authority. Unlike kidnapping, false imprisonment does not always involve moving the person from one place to another. It focuses on the unlawful restriction of another person’s freedom of movement. The statute specifically excludes peace officers acting in good faith within the scope of their duties.

The Penalties for False Imprisonment — The consequences for false imprisonment in Colorado depend on the circumstances of the case. In most situations, the offense is treated as a class 2 misdemeanor, which carries a sentence of up to 364 days in jail, a fine of up to $1,000, or both. However, the law elevates the charge to a class 5 felony in certain serious cases. A class 5 felony carries a penalty of 1 to 3 years in prison, fines ranging from $1,000 to $100,000, and a mandatory parole period of 2 years. Situations that trigger this enhancement include cases where force or threats are used to confine someone for twelve hours or longer, where a minor is locked or barricaded in a room in a way that causes injury or emotional distress as part of a pattern of cruel punishment, or where a minor is tied, caged, or otherwise physically restrained in a way that causes injury or distress.

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Violation of Custody Order in Colorado

What Violation of Custody Order Means — Colorado Revised Statutes section 18-3-304 directly addresses custody disputes that become criminal matters. The law makes it a crime for any person, including a parent or foster parent, to knowingly take or entice a child under eighteen from the custody of a parent, guardian, or lawful custodian when there is no legal privilege to do so. It also makes it a crime for a parent or other individual to violate a district or juvenile court order granting custody or allocating parental responsibilities, when the intent is to deprive the lawful custodian of care of the child. This is the statute most often associated with custodial interference and parental kidnapping cases.

The Penalties for Violation of Custody Order — The penalties for violation of a custody order in Colorado depend on the circumstances of the offense. In most cases, the crime is charged as a class 5 felony, which carries a sentence of 1 to 3 years in prison, fines ranging from $1,000 to $100,000, and a mandatory parole period of 2 years. However, if the child is removed from the country during the violation, the charge increases to a class 4 felony. A class 4 felony carries a penalty of 2 to 6 years in prison, fines between $2,000 and $500,000, and a mandatory parole term of 3 years.

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Enticement of a Child in Colorado

What Enticement of a Child Means — Colorado Revised Statutes section 18-3-305 covers situations where an adult attempts to lure a child under the age of fifteen into a building,  vehicle, secluded place, or room to engage in unlawful sexual contact or sexual assault. Importantly, the statute makes clear that an actual assault does not need to take place for criminal liability to attach. Even an attempt to persuade or invite the child, with the wrongful intent, can result in charges.

The Penalties for Enticement of a Child — The consequences for enticement of a child in Colorado depend on the circumstances and the defendant’s history. In most cases, the offense is classified as a class 4 felony. A class 4 felony carries a sentence of 2 to 6 years in prison, fines ranging from $2,000 to $500,000, and a mandatory parole period of 3 years. However, if the defendant has a prior conviction for enticement of a child, sexual assault on a child, or conspiracy or attempt to commit those crimes, or if the child suffers bodily injury, the offense is elevated to a class 3 felony. A class 3 felony carries a penalty of 4 to 12 years in prison, fines of $3,000 to $750,000, and a mandatory 3-year parole term, with harsher ranges possible if the offense is classified as violent or poses an extraordinary risk of harm. In addition to prison time and fines, a conviction for enticement of a child requires mandatory sex offender registration and carries lifelong legal and social consequences.

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Key Elements a Jury Looks at in Custodial Interference or Parental Kidnapping Cases

The Intent Behind the Act — In cases involving custodial interference or parental kidnapping, intent is one of the most important factors. A jury will look closely at whether the accused acted knowingly and with a specific purpose, such as to deprive the lawful custodian of care or to obtain something of value in exchange for the release of a person. Without proof of intent, a conviction under statutes like C.R.S. § 18-3-301 or § 18-3-304 cannot stand.

The Age of the Child — Many of these laws, including C.R.S. § 18-3-302, § 18-3-304, and § 18-3-305, specifically focus on children under eighteen, and in some cases under fifteen. The age of the child determines whether certain protections apply and whether the act qualifies as kidnapping, violation of custody, or enticement. A jury will carefully consider whether the child meets the age requirements stated in the statute.

Consent and Legal Authority — Jurors also examine whether the accused had any lawful authority or privilege to take or detain the child or other person. For example, under C.R.S. § 18-3-304, it is a crime to violate a custody order if the accused had no right to override the court’s decision. Similarly, under C.R.S. § 18-3-303, false imprisonment requires proof that the person confined did not consent and that the accused had no legal authority to detain them.

Use of Force or Threats — Another factor that can affect the outcome is whether force, threats, or weapons were involved. Under statutes like C.R.S. § 18-3-302 and § 18-3-303, the presence of force, threats, or deadly weapons can elevate the crime to a more serious felony. Jurors will weigh the evidence about what level of coercion or violence, if any, was used in the incident.

The Presence of Harm or Risk of Harm — Whether the victim was injured, or whether the conduct increased the risk of harm, also matters significantly. C.R.S. § 18-3-301 treats bodily injury to a kidnapping victim as a class 1 felony, while C.R.S. § 18-3-302 requires proof that the movement of the victim created a greater risk of harm. Jurors will carefully consider medical evidence, witness testimony, and other proof about the harm or risk of harm caused.

Violation of a Court Order — In cases under C.R.S. § 18-3-304, a jury must decide whether a custody order or order relating to parental responsibilities was knowingly violated. Jurors will look at whether the accused was aware of the order, what the order required, and whether the actions were taken with the intent to deny the lawful custodian their rights.

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Defenses to Custodial Interference or Parental Kidnapping Charges in Colorado

Reasonable Belief of Protecting the Child — Colorado law recognizes an affirmative defense when the accused reasonably believed that taking the child was necessary to protect the child’s welfare. Under C.R.S. § 18-3-304, if a parent or another person acted to shield a child from immediate danger, a jury may find that the conduct does not amount to a crime. This defense is highly fact-specific and requires evidence that the threat to the child’s safety was genuine and that the actions were proportionate to the perceived risk.

Child’s Voluntary Departure Without Enticement — Another defense arises when a child over the age of fourteen leaves voluntarily, without enticement, and without any criminal purpose directed at or with the child. C.R.S. § 18-3-304 allows this defense if the accused did not persuade or lure the child away but the child chose to leave on their own. In such cases, the prosecution must still prove that the adult had the intent to interfere with custody, which can be difficult if the child’s choice was independent.

Lack of Criminal Intent — Because statutes such as C.R.S. § 18-3-301, § 18-3-302, and § 18-3-304 all require specific intent, showing that the accused did not act knowingly or with intent to deprive custody can serve as a defense. For example, if a parent misunderstood the scope of a custody order or lacked knowledge of its terms, the state may not be able to prove intent beyond a reasonable doubt.

Consent or Legal Authority — If the accused had lawful authority or valid consent to take or keep the child, the prosecution’s case may fail. A parent with temporary custody under a valid court order cannot generally be found guilty of violating custody under C.R.S. § 18-3-304, even if the other parent disagrees. Similarly, if the alleged victim consented to accompany the accused in a situation not involving a minor or coercion, the charges under kidnapping statutes may not apply.

Mistaken Identity or False Allegations — In some situations, a defense may focus on challenging the accuracy of the accusations themselves. Custody disputes are often contentious, and false allegations can arise in the context of divorce or parental disagreements. Evidence such as phone records, surveillance footage, or witness testimony may help establish that the accused did not commit the acts alleged.

Insufficient Evidence of Risk or Harm — For certain charges like second degree kidnapping under C.R.S. § 18-3-302, the law requires proof that the movement of the victim increased the risk of harm. If the state cannot show that the risk of harm was increased, or that harm actually occurred, the charge may not be sustained. This type of defense focuses on the prosecution’s burden of proof regarding specific elements in the statute.

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Role of a Denver Custodial Interference / Parental Kidnapping Attorney

Challenging The Evidence — A lawyer will carefully review the prosecution’s evidence to see if the state can actually prove the required intent. In many cases, prosecutors rely on assumptions about why a parent acted, and those assumptions can be successfully disputed.

Defending Against Custody Order Violations — Many of these cases come down to how a custody order is interpreted. The lawyer will examine the exact terms of the order, show whether the client complied, and expose weaknesses in the claim that the order was knowingly violated.

Raising Statutory Defenses — Colorado law allows defenses such as protecting the child from danger or proving the child left voluntarily without enticement. A lawyer will develop these defenses with clear evidence, including testimony, expert opinions, and documentation to show why the client’s actions were justified.

Handling Cross-Jurisdictional Issues — When cases involve children taken across state lines, a lawyer will apply the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to challenge jurisdiction or seek dismissal. This approach helps prevent prosecutors from pursuing charges in the wrong venue or without authority.

Negotiating With Prosecutors — A lawyer will work to reduce charges or seek alternative resolutions that avoid felony convictions. In some cases, this may mean negotiating for lesser charges, treatment programs, or agreements that allow for continued parental contact instead of prison.

Protecting Parental Rights — A lawyer will highlight the client’s role as a parent and argue against penalties that cut off parent–child relationships. By bringing forward family history, parenting involvement, and community support, the lawyer fights to preserve parental rights while defending against the criminal charges.

Building A Trial Defense — If the case proceeds to trial, a lawyer will aggressively cross-examine witnesses, challenge custody order interpretations, and present alternative explanations. The focus will be on exposing doubt about intent, consent, and alleged harm so jurors understand why a conviction should not result.

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Frequently Asked Questions About Custodial Interference and Parental Kidnapping in Colorado

What is custodial interference in Colorado?
Custodial interference in Colorado happens when a parent or another person knowingly violates a custody order or takes a child without legal authority. It is treated as a felony offense and can carry serious criminal penalties upon conviction.

What is parental kidnapping in Colorado?
Parental kidnapping in Colorado usually refers to a parent unlawfully taking or keeping a child in violation of a court order. Even biological parents can face felony charges if they deprive the other parent of lawful custody rights.

Can a parent be charged with custodial interference if no custody order exists?
Yes, a parent can still face custodial interference charges if they knowingly take or keep a child without legal privilege. The law applies broadly, though specific facts determine whether criminal prosecution is likely or appropriate.

What penalties apply for parental kidnapping in Colorado?
Parental kidnapping can be charged as a class 5 felony under C.R.S. § 18-3-304, but penalties increase if the child is taken out of the country. Sentences may include years in prison, heavy fines, and lasting consequences.

Is custodial interference always a felony in Colorado?
Custodial interference under Colorado law is usually a class 5 felony, but it may rise to a class 4 felony if the child is removed from the United States. The seriousness depends on the facts and aggravating circumstances involved.

What defenses exist for parental kidnapping charges in Colorado?
Defenses may include acting to protect the child from danger, lack of criminal intent, or that the child voluntarily left without enticement. Each defense is highly fact-dependent, and a criminal defense attorney must assess the individual circumstances carefully.

Can custodial interference charges be filed against grandparents?
Yes, custodial interference charges in Colorado can be filed against grandparents or other relatives if they knowingly take or keep a child without lawful authority. The statute applies to any person, not only parents, who interferes with legal custody.

Does parental kidnapping apply if the child agreed to leave?
Yes, parental kidnapping can still apply even if the child agreed to leave, especially when the child is under 18. Colorado law emphasizes parental rights and court orders, not the willingness of the minor to accompany someone.

What role does intent play in custodial interference cases?
Intent is central in custodial interference cases. Prosecutors must prove the accused knowingly violated custody rights or acted to deprive the lawful custodian of care. Without showing intent, a conviction for custodial interference in Colorado may not stand in court.

Can parental kidnapping charges be dropped in Colorado?
Parental kidnapping charges can sometimes be reduced or dismissed if evidence is weak, defenses apply, or agreements are reached. However, because custody matters involve children’s safety, prosecutors generally pursue these cases aggressively, requiring strong legal representation for the accused.

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Resources

Colorado Revised Statutes § 18-3-301 — This source provides the full text of Colorado Revised Statutes § 18-3-301, which defines first degree kidnapping. It explains the acts that qualify as first degree kidnapping and describes the potential penalties depending on whether the victim is harmed or released unharmed.

Colorado Revised Statutes § 18-3-304 —This source provides the text of Colorado Revised Statutes § 18-3-304, which addresses violations of custody orders and orders related to parental responsibilities. It explains the acts that qualify as violations, the potential felony classifications, and the available defenses under the statute.

Colorado Revised Statutes § 18-3-305 —This source contains the text of Colorado Revised Statutes § 18-3-305, which defines enticement of a child. It explains how the offense is charged when someone lures a child under fifteen with intent to commit sexual assault and sets out the related penalties and reporting rules.

Uniform Child Custody Jurisdiction And Enforcement Act — This source is a guide for court personnel and judges on the Uniform Child Custody Jurisdiction and Enforcement Act. It explains how courts decide jurisdiction in interstate custody disputes, including rules for emergency jurisdiction, modifying orders, and enforcing custody orders across state and international boundaries.

Colorado Law Help – Contempt of Court — This source explains how contempt of court proceedings work in Colorado when a parent violates custody or other family-related court orders. It outlines the step-by-step process for enforcing orders, possible hearings, and what parents can expect if they pursue enforcement through the courts.

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Hire a Custodial Interference Defense Attorney in Denver, Colorado

If you have been charged with Custodial Interference or Parental Kidnapping in the state of Colorado, call (303) 725-0017 to set up your first consultation free of charge.

Matthew Martin accepts clients throughout the greater Denver area including Jefferson County, Douglas County, Arapahoe County, Broomfield County, Adams County, and Boulder County.