76-5-302. Aggravated kidnapping.
| (1) |
Attorney's NoteUnder 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 |
For details, see Utah Code § 76-3-203
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 76-5-302- 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
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Dangerous weapon: means :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.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Grievous sexual offense: means :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
- Serious bodily injury: means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. See Utah Code 76-1-101.5
| (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:
| (ii) |
Section 76-5-304, unlawful detention. |
|
| (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:
| (a) |
uses or threatens to use a dangerous weapon; or |
| (b) |
acts with the intent to:
| (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; |
| (ii) |
facilitate the commission, attempted commission, or flight after commission or attempted commission of a felony; |
| (iii) |
hinder or delay the discovery of or reporting of a felony; |
| (iv) |
inflict bodily injury on or to terrorize the victim or another individual; |
| (v) |
interfere with the performance of any governmental or political function; or |
| (vi) |
commit a sexual offense as described in 4. |
|
|
| (3) |
| (a) |
A violation of Subsection (2) in the course of committing unlawful detention is a third degree felony. |
| (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:
| (a) |
except as provided in Subsection (4)(b), (4)(c), or (5), not less than 15 years and which may be for life; |
| (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 |
| (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:
| (a) |
for purposes of Subsection (4)(b), 15 years and which may be for life; or |
| (b) |
for purposes of Subsection (4)(a) or (b):
| (i) |
10 years and which may be for life; or |
| (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. |
Amended by Chapter 181, 2022 General Session
