Utah criminal charge
Parental kidnapping in Utah
Parental kidnapping is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-301.2. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-5-301.2.
What is the penalty for parental kidnapping in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Parental kidnapping - base offense — A violation of Subsection (2) is a third degree felony.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Parental kidnapping - base offense — A violation of Subsection (2) is a third degree felony.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Parental kidnapping - child removed from state — A violation of Subsection (2) is a second degree felony if the parent removes, causes, or directs removal of the child from the state during the course of the parental kidnapping.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Parental kidnapping - child removed from state — A violation of Subsection (2) is a second degree felony if the parent removes, causes, or directs removal of the child from the state during the course of the parental kidnapping.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is parental kidnapping classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Parental kidnapping - base offense | Third Degree Felony | A violation of Subsection (2) is a third degree felony. | Utah Code Ann. § 76-5-301.2(3)(a) |
| Parental kidnapping - child removed from state | Second Degree Felony | A violation of Subsection (2) is a second degree felony if the parent removes, causes, or directs removal of the child from the state during the course of the parental kidnapping. | Utah Code Ann. § 76-5-301.2(3)(b) |
Common questions about parental kidnapping in Utah
Is parental kidnapping a felony or a misdemeanor in Utah?
It depends on the circumstances: parental kidnapping ranges from a Third Degree Felony to a Second Degree Felony in Utah under Utah Code Ann. § 76-5-301.2.
Parental kidnapping - base offense: Third Degree Felony (Utah Code Ann. § 76-5-301.2(3)(a)) · Parental kidnapping - child removed from state: Second Degree Felony (Utah Code Ann. § 76-5-301.2(3)(b))
What are the penalties for parental kidnapping in Utah?
Penalties for parental kidnapping in Utah depend on how it is classified — from a Third Degree Felony up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers parental kidnapping?
Parental kidnapping is governed by Utah Code Ann. § 76-5-301.2 (Parental kidnapping).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.