Utah Code 53-10-1002. Amber Alert criteria
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(1) Except as provided in Subsection (2), if a law enforcement agency receives a report that an abduction of a child has occurred, including an abduction of a child by the child’s parent or guardian, the investigating law enforcement agency may issue an Amber Alert if:
Terms Used In Utah Code 53-10-1002
- Abduction of a child: means the taking, concealing, or detaining of a child without permission from an individual entitled to custody of the child. See Utah Code 53-10-1001
- Amber Alert: means an alert issued in accordance with America's Missing: Broadcast Emergency Response run by the bureau to assist a law enforcement agency in the recovery of an abducted child. See Utah Code 53-10-1001
- Child: means an individual under 18 years old. See Utah Code 53-10-1001
- Department: means the Department of Public Safety. See Utah Code 53-10-102
- Law enforcement agency: means an entity or division of:(1)(e)(i)(1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;(1)(e)(i)(B) a state institution of higher education; or(1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and(1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
- Runaway: means the same as that term is defined in Section 80-1-102. See Utah Code 53-10-1001
- Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
(1)(a) the investigating law enforcement agency confirms that an abduction of the child has occurred;(1)(b) the investigating law enforcement agency believes there is a credible threat of imminent danger of serious bodily injury or death to the child; and(1)(c) there is sufficient descriptive information about the child, alleged abductor, or the circumstances surrounding the abduction to indicate that issuing an Amber Alert will assist in the safe recovery of the child or the apprehension of the abductor.
(2) A law enforcement agency may not issue an Amber Alert:
(2)(a) for a reported runaway; or
(2)(b) for the taking, concealing, or detaining of a child by the child’s parent during a child custody dispute regarding the child, unless there is a credible threat of imminent danger of serious bodily injury or death to the child.
(3) The investigating law enforcement agency may use relevant law enforcement technology, including an automatic license plate reader system, to locate a vehicle that is being sought in connection with an issued Amber Alert.
(4) The department and the Department of Transportation may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing policies and procedures for the operation and maintenance of the Amber Alert System other than mobile network operations.