(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.
18-3-304. Violation of custody order or order relating to parental responsibilities. (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.
Source: 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.
Editor's note: (1) Subsection (5)(c) provided for the repeal of subsection (5), effective December 2, 1986. (See L. 86, p. 779.)
(2) Amendments made to subsections (1) and (2) by House Bill 98-1160 and House Bill 98-1183 were harmonized, effective February 1, 1999.
Cross references: For affirmative defenses generally, see �� 18-1-407, 18-1-710, and 18-1-805.