Colo. Rev. Stat. § 13-45-114

Current through Acts effective through 6/7/2024 of the 2024 Legislative Session

Section 13-45-114 - Avoiding writ - penalty

Anyone having a person in his or her custody or under his or her restraint, power, or control for whose relief a writ of habeas corpus is issued who, with the intent to avoid the effect of such writ, transfers such person to the custody, or places him or her under the control, of another or conceals him or her or changes the place of his or her confinement with intent to avoid the operation of such a writ or with intent to remove him or her out of this state commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S. In any prosecution for the penalty incurred under this section, it shall not be necessary to show that the writ of habeas corpus had issued at the time of the removal, transfer, or concealment therein mentioned if it is proved that the acts therein forbidden were done with the intent to avoid the operation of such writ.

C.R.S. § 13-45-114

R.S. p. 357, § 13. G.L. § 1335. G.S. § 1621. R.S. 08: § 2931. C.L. § 6499. CSA: C. 77, § 14. CRS 53: § 65-1-14. L. 62: p. 170, § 1. C.R.S. 1963: § 65-1-14. L. 77: Entire section amended, p. 877, § 43, effective 7/1/1979. L. 89: Entire section amended, p. 827, § 32, effective July 1. L. 2002: Entire section amended, p. 1488, § 123, effective October 1.

The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452 , 611 P.2d 574 (1980).

For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.