Under Utah’s criminal code section 76-5-302, aggravated kidnapping can be charged as a first degree felony and punishable by life without the possibility of parole in certain circumstances. The aggravated kidnapping statute also provides certain minimum mandatory penalties and punishments.
Aggravated kidnapping alleges that a person committed the crime of kidnapping or unlawful detention, and that while engaged in the course of committing that crime does another act which makes the crime more serious.
Salt Lake City Aggravated Kidnapping Defense Attorney
If you have been charged with kidnapping, unlawful detention or aggravated kidnapping, then contact a criminal defense attorney who is experienced in fighting serious felony offenses. Darren Levitt represents clients charged with serious felonies such as aggravated kidnapping throughout the Salt Lake City-Ogden metropolitan area, which includes Salt Lake County, Davis County, and Weber County, Utah.
Statutory Language in Utah’s Aggravated Kidnapping Statute
Utah’s aggravated kidnapping statute, Section 76-5-302(1), provides that a person commits aggravated kidnapping if the person in the course of committing unlawful detention (Section 76-5-304) or kidnapping (Section 76-5-301) does one of the following:
- (a) possesses, uses, or threatens to use a dangerous weapon as defined in Section 76-1-601; or
(b) acts with intent:
- (i) to hold the victim for ransom or reward, or 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) to facilitate the commission, attempted commission, or flight after commission or attempted commission of a felony;
- (iii) to hinder or delay the discovery of or reporting of a felony;
- (iv) to inflict bodily injury on or to terrorize the victim or another;
- (v) to interfere with the performance of any governmental or political function; or
- (vi) to commit a sexual offense as described in Title 76, Chapter 5, Part 4, Sexual Offenses.
Penalties and Punishments under Utah’s Aggravated Kidnapping Statute
The crime of aggravated kidnapping under Utah law is charged as a first degree felony which is typically punishable by a term of imprisonment of not less than 15 years up to life in prison. The crime of aggravated kidnapping may be punishable by a sentence of life without parole, if the trier of fact also finds that during the course of the commission of the aggravated kidnapping the defendant caused serious bodily injury to another.
Alternatively, the crime of aggravated kidnapping is punishable by 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.
Related Offenses
Unlawful detention under Utah Code Section 76-5-304 – Learn about Utah’s criminal code for unlawful detention, including penalties and related definitions.
Kidnapping under Utah Section Section 76-5-301 – Read more about kidnapping which is charged as a second degree felony under Utah law.
Aggravated Kidnapping – Read more about the felony charges on the website for the Utah Department of Corrections, Sex Offender Registry section.
Finding a Criminal Defense Attorney for Aggravated Kidnapping Charges
If you are under investigation for or charged with kidnapping, unlawful detention or aggravated kidnapping, then contact an experienced criminal defense attorney to discuss the particular facts of your case. As one of the most serious felony offenses under Utah law, aggravated kidnapping requires aggressive and experienced representation to fight for the best possible result.
Darren Levitt represents clients charged with serious felony offenses such as aggravated kidnapping in Salt Lake County for Salt Lake City, West Valley City, West Jordan, Murray, Midvale, Draper, Cottonwood Heights, Taylorsville, South Jordan, Riverton, Weber County for Ogden and Roy, Davis County for Layton and Bountiful, Morgan County for Morgan, Wasatch County for Heber City, Summit County, Box Elder County for Brigham City, Cache County for Logan, Tooele County, Utah County for Provo, American Fork, Pleasant Grove, Springville, Spanish Fork, Utah.