Utah statute

Utah Code Ann. § 76-5-303 — Custodial interference.

Current through 2026 General Session

Part of Part 3: Kidnapping, Trafficking, And Smuggling, Utah Code.

Criminal charges under this statute

Custodial interference

Full text of Utah Code Ann. § 76-5-303

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.

Utah Code Ann. § 76-5-303Primary source, current through the 2026 General Session

(1)(a) As used in this section: (1)(a)(i) "Child" means an individual under 18 years old. (1)(a)(ii) "Custody" means court-ordered physical custody entered by a court of competent jurisdiction. (1)(a)(iii) "Visitation" means court-ordered parent-time or visitation entered by a court of competent jurisdiction. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (2)(a) An actor who is entitled to custody of a child commits custodial interference if, during a period of time when another individual is entitled to visitation of the child, the actor takes, entices, conceals, detains, or withholds the child from the individual entitled to visitation of the child, with the intent to interfere with the visitation of the child. (2)(b) An actor who is entitled to visitation of a child commits custodial interference if, during a period of time when the individual is not entitled to visitation of the child, the actor takes, entices, conceals, detains, or withholds the child from an individual who is entitled to custody of the child, with the intent to interfere with the custody of the child. (3)(a) A violation of Subsection (2) is a class B misdemeanor. (3)(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A misdemeanor if the actor: (3)(b)(i) commits custodial interference; and (3)(b)(ii) has been convicted of custodial interference at least twice in the two-year period immediately preceding the day on which the commission of custodial interference described in Subsection (3)(b)(i) occurs. (3)(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a felony of the third degree if, during the course of the custodial interference, the actor removes, causes the removal, or directs the removal of the child from the state. (4) In addition to the affirmative defenses described in Section 76-5-305, it is an affirmative defense to the crime of custodial interference that: (4)(a) the action is consented to by the individual whose custody or visitation of the child was interfered with; or (4)(b)(i) the action is based on a reasonable belief that the action is necessary to protect a child from abuse, including sexual abuse; and (4)(b)(ii) before engaging in the action, the actor reports the actor's intention to engage in the action, and the basis for the belief described in Subsection (4)(b)(i), to the Division of Child and Family Services or law enforcement.

Official sources

Legal terms used in this section

Questions this section answers

What are the penalties for abuse of nitrous oxide in Utah?

As a Class A Misdemeanor, abuse of nitrous oxide carries up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) of incarceration and a fine of up to $2,500 (statutory maximum under Utah Code Ann. § 76-3-301) under Utah Code Ann. § 76-3-204 (current (2026 General Session)).

What are the penalties for acceptance of bribe or bribery to prevent criminal prosecution in Utah?

As a Class A Misdemeanor, acceptance of bribe or bribery to prevent criminal prosecution carries up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) of incarceration and a fine of up to $2,500 (statutory maximum under Utah Code Ann. § 76-3-301) under Utah Code Ann. § 76-3-204 (current (2026 General Session)).

What are the penalties for accident reports in Utah?

As a Class A Misdemeanor, accident reports carries up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) of incarceration and a fine of up to $2,500 (statutory maximum under Utah Code Ann. § 76-3-301) under Utah Code Ann. § 76-3-204 (current (2026 General Session)).

What are the penalties for anhydrous ammonia is a precursor in Utah?

As a Class A Misdemeanor, anhydrous ammonia is a precursor carries up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) of incarceration and a fine of up to $2,500 (statutory maximum under Utah Code Ann. § 76-3-301) under Utah Code Ann. § 76-3-204 (current (2026 General Session)).

What are the penalties for application for license or endorsement in Utah?

As a Class A Misdemeanor, application for license or endorsement carries up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) of incarceration and a fine of up to $2,500 (statutory maximum under Utah Code Ann. § 76-3-301) under Utah Code Ann. § 76-3-204 (current (2026 General Session)).

What are the penalties for assault or threat of violence against a school employee in Utah?

As a Class A Misdemeanor, assault or threat of violence against a school employee carries up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) of incarceration and a fine of up to $2,500 (statutory maximum under Utah Code Ann. § 76-3-301) under Utah Code Ann. § 76-3-204 (current (2026 General Session)).

What are the penalties for bribery of or receiving bribe by person in the business of selection, appraisal, or criticism of goods or services in Utah?

As a Class A Misdemeanor, bribery of or receiving bribe by person in the business of selection, appraisal, or criticism of goods or services carries up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) of incarceration and a fine of up to $2,500 (statutory maximum under Utah Code Ann. § 76-3-301) under Utah Code Ann. § 76-3-204 (current (2026 General Session)).

What are the penalties for burglary of a vehicle in Utah?

As a Class A Misdemeanor, burglary of a vehicle carries up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) of incarceration and a fine of up to $2,500 (statutory maximum under Utah Code Ann. § 76-3-301) under Utah Code Ann. § 76-3-204 (current (2026 General Session)).

What are the penalties for commercial obstruction in Utah?

As a Class A Misdemeanor, commercial obstruction carries up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) of incarceration and a fine of up to $2,500 (statutory maximum under Utah Code Ann. § 76-3-301) under Utah Code Ann. § 76-3-204 (current (2026 General Session)).

What are the penalties for content of orders in Utah?

As a Class A Misdemeanor, content of orders carries up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) of incarceration and a fine of up to $2,500 (statutory maximum under Utah Code Ann. § 76-3-301) under Utah Code Ann. § 76-3-204 (current (2026 General Session)).

This reference is informational and is not legal advice.