(1) A person who knowingly seizes and carries a
person from one place to another, without the person's consent and without lawful justification,
and such movement increases the risk of harm to the person, commits second degree kidnapping.
(2) Any person who takes, entices, or decoys away any child not his own under the age
of eighteen years with intent to keep or conceal the child from his parent or guardian or with
intent to sell, trade, or barter such child for consideration commits second degree kidnapping.
(3) Second degree kidnapping is a class 2 felony if any of the following circumstances
exist:
(a) The person kidnapped is a victim of a sexual offense pursuant to part 4 of this article
3;
(b) The person kidnapped is a victim of a robbery; or
(c) The kidnapping was a violation of subsection (2) of this section.
(4) (a) Unless it is a class 2 felony under subsection (3) of this section, second degree
kidnapping is a class 3 felony if any of the following circumstances exist:
(I) The kidnapping is accomplished with intent to sell, trade, or barter the victim for
consideration; or
(II) The kidnapping is accomplished by the use of a deadly weapon or any article used or
fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon;
or
(III) The kidnapping is accomplished by the perpetrator representing verbally or
otherwise that he or she is armed with a deadly weapon.
(b) A defendant convicted of second degree kidnapping committed under any of the
circumstances set forth in this subsection (4) shall be sentenced by the court in accordance with
the provisions of section 18-1.3-406.
(5) Second degree kidnapping is a class 4 felony, except as provided in subsections (3)
and (4) of this section.
Source: L. 71: R&RE, p. 421, § 1. C.R.S. 1963: § 40-3-302. L. 77: Entire section
R&RE, p. 961, § 13, effective July 1. L. 81: Entire section R&RE, p. 983, § 1, effective July 1.
L. 86: (4) amended, p. 777, § 5, effective July 1. L. 87: (1) amended, p. 615, § 4, effective July
1. L. 89: (2) and (4) amended, p. 902, §§ 1, 2, effective July 1. L. 2000: (4) amended, p. 694, §
6, effective July 1. L. 2001: (3), (4), and (5) amended, p. 857, § 2, effective July 1. L. 2002:
(4)(b) amended, p. 1512, § 188, effective October 1. L. 2003: (3)(a) amended, p. 1432, § 20,
effective April 29. L. 2007: (4) amended, p. 1687, § 5, effective July 1. L. 2023: (1) and (3)
amended, (HB 23-1293), ch. 298, p. 1784, § 6, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending
subsection (4)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.
Notes of Decisions
Cited in
130
cases (
10 in the last 5 years), 1975–2026 · leading case:
People v. Henderson, 810 P.2d 1058 (Colo. 1991).
People v. Henderson, 810 P.2d 1058 (Colo. 1991).
· cites it 56× “Section 18-3-302, 8B C.R.S. (1986), creates several distinct and separate types of second-degree kidnapping.”
v. Knobbe, 2020 COA 7 (Colo. Ct. App. 2020).
· cites it 7× “See § 18-3-302(1), (3), (4). Therefore, the prosecution is not barred from retrying Knobbe on this charge.”
People v. Metcalf, 926 P.2d 133 (Colo. Ct. App. 1996).
· cites it 45× “Defendant was charged and convicted of second degree kidnapping under § 18-3-302(1), C.R.S. (1995 Cum.Supp.) which provides that: Any person who knowingly seizes and carries any person from one place to another, without his consent and without lawful justification, commits…”
People v. James, 117 P.3d 91 (Colo. Ct. App. 2004).
· cites it 8× “” Section 18-3-302(1), C.R.S.2004. Second degree kidnapping is a class four felony unless enhanced, for a number of enumerated reasons, to a class two or three felony.”
People v. Powell, 716 P.2d 1096 (Colo. 1986).
· cites it 23× “Under these circumstances the jury reasonably could have concluded that the defendant was armed with a deadly weapon and used the weapon to cause the victim’s submission.”
People v. Fuller, 791 P.2d 702 (Colo. 1990).
· cites it 12× “[2] Section 18-3-302, 8B C.R.S. (1986 & 1989 Supp.”
People v. Maass, 981 P.2d 177 (Colo. Ct. App. 1998).
· cites it 10× “The essence of the argument is that § 18-3-302, C.R.S.1998, requires proof that the victim was “seized” and taken “without her consent.”
People v. Tippett, 733 P.2d 1183 (Colo. 1987).
· cites it 14× “[3] Section 18-3-302 reads as follows: Second degree kidnapping.”
People v. Naranjo, 612 P.2d 1099 (Colo. 1980).
· cites it 12× “"The appellant further argues that the first-degree kidnapping statute, supra, is indistinguishable from the second-degree kidnapping statute (section 18-3-302, C.R.S. 1973) and therefore equal protection requirements are violated.”
People v. Schuett, 833 P.2d 44 (Colo. 1992).
· cites it 12× “” The term “without lawful justification” is not defined in the statutory proscription of kidnapping, and we agree with the court of appeals that this element of the crime serves to protect persons who may have legal authority, based on their relationship to a particular person,…”
Yescas v. People, 593 P.2d 358 (Colo. 1979).
· cites it 18× “8), and second-degree kidnapping, section 18-3-302, C.R.S. 1973 (1978 Repl.”
People v. Dunlap, 124 P.3d 780 (Colo. Ct. App. 2004).
· cites it 6× “” Section 18-3-302, C.R.S. 2003. To the extent defendant argues that aspor-tation requires an increase in the risk of harm, and that People v.”
— Colo. Rev. Stat. § 18-3-302(1) — 48 cases
People v. Metcalf, 926 P.2d 133 (Colo. Ct. App. 1996).
“Defendant was charged and convicted of second degree kidnapping under § 18-3-302(1), C.R.S. (1995 Cum.Supp.) which provides that: Any person who knowingly seizes and carries any person from one place to another, without his consent and without lawful justification, commits…”
People v. Henderson, 810 P.2d 1058 (Colo. 1991).
“Section 18-3-302, 8B C.R.S. (1986), creates several distinct and separate types of second-degree kidnapping.”
People v. James, 117 P.3d 91 (Colo. Ct. App. 2004).
“” Section 18-3-302(1), C.R.S.2004. Second degree kidnapping is a class four felony unless enhanced, for a number of enumerated reasons, to a class two or three felony.”
People v. Schuett, 833 P.2d 44 (Colo. 1992).
“” The term “without lawful justification” is not defined in the statutory proscription of kidnapping, and we agree with the court of appeals that this element of the crime serves to protect persons who may have legal authority, based on their relationship to a particular person,…”
— Colo. Rev. Stat. § 18-3-302(2) — 11 cases
People v. Metcalf, 926 P.2d 133 (Colo. Ct. App. 1996).
“Defendant was charged and convicted of second degree kidnapping under § 18-3-302(1), C.R.S. (1995 Cum.Supp.) which provides that: Any person who knowingly seizes and carries any person from one place to another, without his consent and without lawful justification, commits…”
People v. Tippett, 733 P.2d 1183 (Colo. 1987).
“[3] Section 18-3-302 reads as follows: Second degree kidnapping.”
People v. Maass, 981 P.2d 177 (Colo. Ct. App. 1998).
“The essence of the argument is that § 18-3-302, C.R.S.1998, requires proof that the victim was “seized” and taken “without her consent.”
— Colo. Rev. Stat. § 18-3-302(3) — 7 cases
People v. Henderson, 810 P.2d 1058 (Colo. 1991).
“Section 18-3-302, 8B C.R.S. (1986), creates several distinct and separate types of second-degree kidnapping.”
People v. Fuller, 791 P.2d 702 (Colo. 1990).
“[2] Section 18-3-302, 8B C.R.S. (1986 & 1989 Supp.”
People v. Powell, 716 P.2d 1096 (Colo. 1986).
“Under these circumstances the jury reasonably could have concluded that the defendant was armed with a deadly weapon and used the weapon to cause the victim’s submission.”
People v. James, 117 P.3d 91 (Colo. Ct. App. 2004).
“” Section 18-3-302(1), C.R.S.2004. Second degree kidnapping is a class four felony unless enhanced, for a number of enumerated reasons, to a class two or three felony.”
— Colo. Rev. Stat. § 18-3-302(3)(a) — 17 cases
People v. Henderson, 810 P.2d 1058 (Colo. 1991).
“Section 18-3-302, 8B C.R.S. (1986), creates several distinct and separate types of second-degree kidnapping.”
v. Knobbe, 2020 COA 7 (Colo. Ct. App. 2020).
“See § 18-3-302(1), (3), (4). Therefore, the prosecution is not barred from retrying Knobbe on this charge.”
People v. Powell, 716 P.2d 1096 (Colo. 1986).
“Under these circumstances the jury reasonably could have concluded that the defendant was armed with a deadly weapon and used the weapon to cause the victim’s submission.”
— Colo. Rev. Stat. § 18-3-302(3)(b) — 4 cases
People v. James, 117 P.3d 91 (Colo. Ct. App. 2004).
“” Section 18-3-302(1), C.R.S.2004. Second degree kidnapping is a class four felony unless enhanced, for a number of enumerated reasons, to a class two or three felony.”
— Colo. Rev. Stat. § 18-3-302(4) — 2 cases
— Colo. Rev. Stat. § 18-3-302(4)(a)(II) — 4 cases
v. Knobbe, 2020 COA 7 (Colo. Ct. App. 2020).
“See § 18-3-302(1), (3), (4). Therefore, the prosecution is not barred from retrying Knobbe on this charge.”
People v. Dunlap, 124 P.3d 780 (Colo. Ct. App. 2004).
“” Section 18-3-302, C.R.S. 2003. To the extent defendant argues that aspor-tation requires an increase in the risk of harm, and that People v.”
— Colo. Rev. Stat. § 18-3-302(5) — 3 cases
People v. Henderson, 810 P.2d 1058 (Colo. 1991).
“Section 18-3-302, 8B C.R.S. (1986), creates several distinct and separate types of second-degree kidnapping.”
— Colo. Rev. Stat. § 18-3-302(8) — 1 case
— Colo. Rev. Stat. § 18-3-302(8)(a) — 1 case
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