76-5-301.  Kidnapping.

(1) 

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Terms Used In Utah Code 76-5-301

  • 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
  • Dependent: A person dependent for support upon another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  As used in this section:

(i)  “Against the will of an individual” includes without the consent of the legal guardian, caretaker, or custodian of an individual who is a dependent adult.

(ii)  “Dependent adult” means the same as that term is defined in Section 76-5-111.

(iii)  “Minor” means an individual who is 14 years old or older but younger than 18 years old.

(b)  Terms defined in Section 76-1-101.5 apply to this section.

(2)  An actor commits kidnapping if the actor intentionally or knowingly, without authority of law, and against the will of an individual:

(a)  detains or restrains the individual for any substantial period of time;

(b)  detains or restrains the individual in circumstances exposing the individual to risk of bodily injury;

(c)  holds the individual in involuntary servitude;

(d)  detains or restrains a minor without the consent of the minor’s parent or legal guardian or the consent of a person acting in loco parentis; or

(e)  moves the individual any substantial distance or across a state line.

(3)  A violation of Subsection (2) is a second degree felony.

Amended by Chapter 181, 2022 General Session