Colorado statute

C.R.S. § 18-3-304 — Violation of custody order or order relating to parental responsibilities.

Current through 2025 Regular Session

Part of Part 3: KIDNAPPING, Colorado Revised Statutes.

Criminal charges under this statute

Violation of custody order or order relating to parental responsibilities

Full text of C.R.S. § 18-3-304

Statutory text current through the 2025 Regular Session. This is an officially sanctioned publication using the official text of the Colorado Revised Statutes; it is not the official statutes of the State of Colorado.

C.R.S. § 18-3-304Primary source, current through the 2025 Regular Session

(1) Except as otherwise provided in subsection (2.5) of this section, any person, including a natural or foster parent, who, knowing that he or she has no privilege to do so or heedless in that regard, takes or entices any child under the age of eighteen years from the custody or care of the child's parents, guardian, or other lawful custodian or person with parental responsibilities with respect to the child commits a class 5 felony. (2) Except as otherwise provided in subsection (2.5) of this section, any parent or other person who violates an order of any district or juvenile court of this state, granting the custody of a child or parental responsibilities with respect to a child under the age of eighteen years to any person, agency, or institution, with the intent to deprive the lawful custodian or person with parental responsibilities of the custody or care of a child under the age of eighteen years, commits a class 5 felony. (2.5) Any person who, in the course of committing the offenses described in subsections (1) and (2) of this section, removes a child under the age of eighteen years from this country commits a class 4 felony. (3) It shall be an affirmative defense either that the offender reasonably believed that his conduct was necessary to preserve the child from danger to his welfare, or that the child, being at the time more than fourteen years old, was taken away at his own instigation without enticement and without purpose to commit a criminal offense with or against the child. (4) Any criminal action charged pursuant to this section may be tried in either the county where the act is committed or in which the court issuing the orders granting custody or allocating parental responsibilities is located, if such court is within this state. (5) Repealed.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.