Utah Code 76-5-301.1. Child kidnapping
Current as of: 2024 | Check for updates
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(1)
For details, see Utah Code § 76-3-203
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| first degree felony | 5 years to life | up to $10,000 |
Terms Used In Utah Code 76-5-301.1
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Grievous sexual offense: means :(8)(a) rape, Section 76-5-402;(8)(b) rape of a child, Section Utah Code 76-1-101.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
(1)(a) As used in this section, “child” means an individual under 14 years old.(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits child kidnapping if the actor intentionally or knowingly, without authority of law, and by any means and in any manner, seizes, confines, detains, or transports a child without the consent of the child’s parent or guardian, or the consent of a person acting in loco parentis.
(3) A violation of Subsection (2) is a first degree felony.
(4) An actor convicted of a violation of this section shall be sentenced to imprisonment of:
(4)(a) except as provided in Subsection (4)(b), (4)(c), or (5), not less than 15 years and which may be for life;
(4)(b) except as provided in Subsection (4)(c) or (5), life without parole, if the trier of fact finds that during the course of the commission of the child kidnapping the actor caused serious bodily injury to another; or
(4)(c) life without parole, if the trier of fact finds that at the time of the commission of the child kidnapping the actor was previously convicted of a grievous sexual offense.
(5) If, when imposing a sentence under Subsection (4)(a) or (b), a court finds that a lesser term than the term described in Subsection (4)(a) or (b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:
(5)(a) for purposes of Subsection (4)(b), 15 years and which may be for life; or
(5)(b) for purposes of Subsection (4)(a) or (b):
(5)(b)(i) 10 years and which may be for life; or
(5)(b)(ii) six years and which may be for life.
(6) The provisions of Subsection (5) do not apply when a person is sentenced under Subsection (4)(c).
(7) Subsections (4)(b) and (4)(c) do not apply if the defendant was younger than 18 years old at the time of the offense.
(8) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
(9) A violation of Section 76-5-303 is not a violation of this section.