(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(5) Repealed.
(2) Amendments made to subsections (1) and (2) by House Bill 98-1160 and
House Bill 98-1183 were harmonized, effective February 1, 1999.
L. 71: R&RE, p. 422, § 1. C.R.S. 1963: § 40-3-304. L. 85: (4) amended, p. 618, § 11, effective July 1. L. 86: (5) added, p. 779, § 1, effective April 3. L. 98: (1) and (2) amended and (2.5) added, p. 1442, § 27, effective July 1; (1), (2), and (4) amended, p. 1403, § 56, effective February 1, 1999.
(1) Subsection (5)(c) provided for the repeal of subsection (5), effective December 2, 1986. (See L. 86, p. 779.)
For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.
