The Colorado Crime of False Imprisonment 18-3-303

To understand the Colorado Criminal Code and more specifically the charge or charges in the Complaint and Information or Grand Jury Indictment against you – you need TWO things.

I. You Will Need To Understand The Actual Statutory Crime With Which You Have Been Charged

– The statute, as of 2016, appears first on this page.

II. You Will Also Need To Understand How The Jury Or Judge Reads The Elements – ( a jury instruction “breakout” of the necessary parts or list of things that make up the crime)

– The Jury Instructions for most of the main forms of the crimes with which individuals are charged – appears after a reprint of the statute defining the crime.

 The Colorado Statute for the Crime of False Imprisonment 18-3-303

§ 18-3-303. False imprisonment

(1)	Any person who knowingly confines or detains another without the other’s consent and without proper legal authority commits false imprisonment. This section shall 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) The person uses force or threat of force to confine or detain the other person; and (b) The person confines or detains the other person for twelve hours or longer.

The Colorado Jury Instruction For False Imprisonment

FALSE IMPRISONMENT

The elements of the crime of false imprisonment are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. knowingly,

4. confined or detained another person,

5. without the other person’s consent, and

6. without proper legal authority.

[7. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]

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