Utah statute
Utah Code Ann. § 76-5-302 — Aggravated kidnapping.
Current through 2026 General Session
Part of Part 3: Kidnapping, Trafficking, And Smuggling, Utah Code.
Amendment pending: a new version of this section takes effect Fri Jan 01 2027 00:00:00 GMT+0000 (Coordinated Universal Time).
Criminal charges under this statute
Full text of Utah Code Ann. § 76-5-302
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(1)(a) As used in this section, "in the course of committing unlawful detention or kidnapping" means in the course of committing, attempting to commit, or in the immediate flight after the attempt or commission of a violation of: (1)(a)(i) Section 76-5-301, kidnapping; or (1)(a)(ii) Section 76-5-304, unlawful detention. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits aggravated kidnapping if the actor, in the course of committing unlawful detention or kidnapping: (2)(a) uses or threatens to use a dangerous weapon; or (2)(b) acts with the intent to: (2)(b)(i) hold the victim for ransom or reward, as a shield or hostage, or to compel a third person to engage in particular conduct or to forbear from engaging in particular conduct; (2)(b)(ii) facilitate the commission, attempted commission, or flight after commission or attempted commission of a felony; (2)(b)(iii) hinder or delay the discovery of or reporting of a felony; (2)(b)(iv) inflict bodily injury on or to terrorize the victim or another individual; (2)(b)(v) interfere with the performance of any governmental or political function; or (2)(b)(vi) commit a sexual offense as described in Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420. (3)(a) A violation of Subsection (2) in the course of committing unlawful detention is a third degree felony. (3)(b) A violation of Subsection (2) in the course of committing kidnapping is a first degree felony. (4) An actor convicted of a violation of Subsection (3)(b) 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 aggravated kidnapping the defendant caused serious bodily injury to the victim or another individual; or (4)(c) life without parole, if the trier of fact finds that at the time of the commission of the aggravated kidnapping, the defendant 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 defendant is sentenced under Subsection (4)(c). (7) Subsections (4)(b) and (c) do not apply if the actor was younger than 18 years old at the time of the offense. (8) Imprisonment under Subsection (4) is mandatory in accordance with Section 76-3-406.
Official sources
Legal terms used in this section
Questions this section answers
Is aggravated kidnapping a felony or a misdemeanor in Utah?
It depends on the circumstances: aggravated kidnapping ranges from a Third Degree Felony to a First Degree Felony in Utah under Utah Code Ann. § 76-5-302.
Aggravated kidnapping — in the course of unlawful detention: Third Degree Felony (Utah Code Ann. § 76-5-302(3)(a)) · Aggravated kidnapping — in the course of kidnapping: First Degree Felony (Utah Code Ann. § 76-5-302(3)(b))
Which Utah statute covers aggravated kidnapping?
Aggravated kidnapping is governed by Utah Code Ann. § 76-5-302 (Aggravated kidnapping).
This reference is informational and is not legal advice.