76-5-304. Unlawful detention and unlawful detention of a minor.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-5-304- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Dependent: A person dependent for support upon another.
| (a) |
As used in this section:
| (i) |
Acting “against the will of an individual” includes acting without the consent of the legal guardian, caretaker, or custodian of an individual who is:
| (A) |
a dependent adult; or |
| (B) |
a minor who is 14 or 15 years old. |
|
| (ii) |
“Dependent adult” means the same as that term is defined in Section 76-5-111. |
|
| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
|
| (2) |
| (a) |
An actor commits unlawful detention if the actor intentionally or knowingly, without authority of law, and against the will of an individual, detains or restrains the individual. |
| (b) |
An actor commits unlawful detention of a minor if the actor is at least four or more years older than the minor, and intentionally or knowingly, without authority of law, and against the will of the minor, coerces or exerts influence over the minor with the intent to cause the minor to remain with the actor for an unreasonable period of time under the circumstances. |
|
| (3) |
A violation of Subsection (2) is a class B misdemeanor. |
| (4) |
If the conduct of the actor amounts to a violation under one of the following, the actor shall be charged with the violation and not under Subsection (2)(a) or (2)(b):
| (a) |
kidnapping, as described in Section 76-5-301; or |
| (b) |
child kidnapping, as described in Section 76-5-301.1. |
|
Amended by Chapter 181, 2022 General Session
