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Colorado criminal charge

First degree kidnapping in Colorado

Current through 2026 Colorado legislative session

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?

Penalties for First degree kidnapping
PenaltyRangeBasisAuthority
Jail / prisonFirst 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 imprisonmentmandatoryC.R.S. § 18-1.3-401
Jail / prison8 years to 24 years (First degree kidnapping — victim liberated unharmed — Applies when, prior to the defendant's conviction, the kidnapped person was liberated unharmed.)presumptiveC.R.S. § 18-1.3-401
Fine5000 usd to 1000000 usd (First degree kidnapping — victim liberated unharmed — Applies when, prior to the defendant's conviction, the kidnapped person was liberated unharmed.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision3 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))mandatoryC.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Applies to offenses charged on/after 2020-07-01 (death penalty repealed, SB20-100).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:

Classification variants for First degree kidnapping
VariantClassificationWhen it appliesStatute
First degree kidnapping — victim suffered bodily injuryclass 1 felonyApplies 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 unharmedclass 2 felonyApplies 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.