(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.
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.
For the legislative declaration contained in the 2002 act amending subsection (4)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.
