Colorado § 18-6-601 - Harboring a minor.

§ 18-6-601. Harboring a minor.

(1) (a) A person commits the crime of harboring a minor if the person knowingly provides shelter to a minor without the consent of a parent, guardian, custodian of the minor, or the person with whom the child resides the majority of the time pursuant to a court order allocating parental responsibilities and if the person intentionally:

(I) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or

(II) Fails to disclose the location of the minor to a law enforcement officer when requested to do so, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or

(III) Obstructs a law enforcement officer from taking the minor into custody; or

(IV) Assists the minor in avoiding or attempting to avoid the custody of a law enforcement officer; or

(V) Fails to notify the parent, guardian, custodian of the minor, or the person with whom the child resides the majority of the time pursuant to a court order allocating parental responsibilities or a law enforcement officer that the minor is being sheltered within twenty-four hours after shelter has been provided.

(b) If the shelter provided to the minor is by a licensed child care facility, including a licensed homeless youth shelter, the minor, despite the minor's status, may reside at such facility or shelter for a period not to exceed two weeks after the time of intake, pursuant to the procedures set forth in article 5.7 of title 26, C.R.S.

(c) It is a defense to a prosecution under this section that the defendant had custody of the minor or lawful parenting time with the minor pursuant to a court order.

(2) Harboring a minor is a class 2 misdemeanor.

Source: L. 86: Entire part added, p. 780, § 1, effective April 14; (3) amended, p. 1225, § 46, effective May 30. L. 94: (2)(b) amended, p. 2656, § 139, effective July 1. L. 96: (2)(c) amended, p. 1842, § 7, effective July 1. L. 97: Entire section amended, p. 975, § 1, effective May 22. L. 98: IP(1)(a), (1)(a)(V), and (1)(c) amended, p. 1403, § 57, effective February 1, 1999.

ANNOTATION

In order to satisfy the failure to release element in subsection (1)(a)(I), the prosecution must prove that the defendant failed to release the minor to the specific officer who made the request. The statute's use of the word "the" to reference the officer requesting a minor's release particularizes or defines that officer as the same previously referenced law enforcement officer to whom the minor would be released. People v. Flynn, 2020 COA 54, 463 P.3d 360.

PART 7

CONTRIBUTING TO DELINQUENCY