(1) Any person who knowingly confines or detains another without the other's consent and without proper legal authority commits false imprisonment. This section does not apply to a peace officer acting in good faith within the scope of his or her duties.
(2) False imprisonment is a class 2 misdemeanor; except that false imprisonment is a class 5 felony if:
(a) (I) The person uses force or threat of force to confine or detain the other person; and
(II) The person confines or detains the other person for twelve hours or longer; or
(b) (I) The person confines or detains another person less than eighteen years of age in a locked or barricaded room under circumstances that cause bodily injury or serious emotional distress; and
(II) Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the child; or
(c) The person confines or detains another person less than eighteen years of age by means of tying, caging, chaining, or otherwise using similar physical restraints to restrict that person's freedom of movement under circumstances that cause bodily injury or serious emotional distress.
(3) Notwithstanding section 13-90-107 or any other provision of law, the statutory privilege between a patient and a physician or between an individual and his or her spouse is not available for the purpose of excluding or refusing testimony in any prosecution for a violation of this section where the conditions described in subsection (2)(b) or (2)(c) of this section are alleged.
(4) Nothing in this section limits the ability of a person to assert the affirmative defense described in section 18-1-703.
Source: L. 71: R&RE, p. 422, § 1. C.R.S. 1963: § 40-3-303. L. 77: Entire section amended, p. 961, § 14, effective July 1. L. 2002: Entire section amended, p. 1579, § 3, effective July 1. L. 2018: Entire section amended, (SB 18-119), ch. 299, p. 1821, § 1, effective August 8.
Notes of Decisions
Cited in
18
cases (
3 in the last 5 years), 1975–2026 · leading case:
People v. Gallegos, 644 P.2d 920 (Colo. 1982).
People v. Gallegos, 644 P.2d 920 (Colo. 1982).
· cites it 6× “8); false imprisonment under section 18-3-303, C.R.S.1973 (1978 Repl.Vol.”
People v. Martinez, 634 P.2d 26 (Colo. 1981).
· cites it 6× “8), 1 and false imprisonment, section 18-3-303, C.R.S.1973 (1978 Repl. Vol.”
Martensen v. Koch, 301 F.R.D. 562 (D. Colo. 2014).
· cites it 4× “C.R.S. § 18-3-303(1). False imprisonment is a class 2 misdemeanor but becomes a class 5 felony if the perpetrator uses force or threat of force to confine or detain the other person, and the other person is confined or detained for twelve hours or longer.”
People v. Smith, 638 P.2d 1 (Colo. 1981).
· cites it 3× “8), false imprisonment, section 18-3-303, C.R.S.1973 (1978 Repl. Vol.”
People v. Reed, 932 P.2d 842 (Colo. Ct. App. 1996).
· cites it 4× “11:08 (1983), the pattern criminal jury instruction for false imprisonment pursuant to § 18-3-303, C.R.S. (1986 Repl.Vol. 8B), provides that an element of the prosecution’s case is proof that the defendant is not a peace officer acting in good faith.”
People v. Klinck, 259 P.3d 489 (Colo. 2011).
· cites it 2× “§ 18-3-303, CRS. (2010). 8 . § 18-9-111(1)(a), C.”
United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007).
“, Colo.Rev.Stat. Ann. § 18-3-303 (West 2004) (elevating the offense to a felony if force or threat of force is used or if the victim is detained for at least 12 hours); Ga.”
State v. Sundeen, 2001 NMSC 006 (N.M. 2001).
· cites it 2× “§ 18-1-106(1) (1998) (authorizing a maximum of twelve-months imprisonment for class two misdemeanor); Colo Rev. Stat. § 18-3-303 (1998) (defining false imprisonment as a class 2 misdemeanor).”
People v. Johnson, 677 P.2d 424 (Colo. Ct. App. 1983).
· cites it 2× “See also § 18-3-303, C.R.S.1973 (1978 Repl.Vol. 8) (illegal arrest by a police officer not a crime if made in good faith).”
People v. Patrick, 541 P.2d 320 (Colo. Ct. App. 1975).
· cites it 2× “1973; false imprisonment, in violation of § 18-3-303, C.R.S.1973; and conspiracy, in violation of § 18-2-201, C.”
Colorado Motor Veh. Dealer Bd. v. Freeman, 383 P.3d 688 (Colo. Ct. App. 2014).
· cites it 2× “2014 (menacing is a class 3 misdemeanor, but is a class 6 felony if committed (a) by use of a deadly weapon or (b) the person representing that he or she is armed with a deadly weapon); § 18-3-303(2), C.R.S.2014 (false imprisonment is a class 2 misdemeanor, but is a class 5…”
— Colo. Rev. Stat. § 18-3-303(1) — 4 cases
Martensen v. Koch, 301 F.R.D. 562 (D. Colo. 2014).
“C.R.S. § 18-3-303(1). False imprisonment is a class 2 misdemeanor but becomes a class 5 felony if the perpetrator uses force or threat of force to confine or detain the other person, and the other person is confined or detained for twelve hours or longer.”
— Colo. Rev. Stat. § 18-3-303(2) — 3 cases
Martensen v. Koch, 301 F.R.D. 562 (D. Colo. 2014).
“C.R.S. § 18-3-303(1). False imprisonment is a class 2 misdemeanor but becomes a class 5 felony if the perpetrator uses force or threat of force to confine or detain the other person, and the other person is confined or detained for twelve hours or longer.”
Colorado Motor Veh. Dealer Bd. v. Freeman, 383 P.3d 688 (Colo. Ct. App. 2014).
“2014 (menacing is a class 3 misdemeanor, but is a class 6 felony if committed (a) by use of a deadly weapon or (b) the person representing that he or she is armed with a deadly weapon); § 18-3-303(2), C.R.S.2014 (false imprisonment is a class 2 misdemeanor, but is a class 5…”
— Colo. Rev. Stat. § 18-3-303(2)(a) — 1 case
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