Utah Code § 76-5-301 makes it a crime to kidnap another person. In Utah, kidnapping is charged as a second degree felony. Although most people think of a kidnapping as an act committed against a stranger for ransom, most charges of kidnapping occur within a family setting and involve a relatively brief period of time or movement over a relatively small space.
Utah law also recognizes “aggravated kidnapping” as a first degree felony under Utah Criminal Code § 76-5-302.
Salt Lake City Kidnapping Defense Lawyer
If you have been arrested for kidnapping or aggravated kidnapping then call an experienced criminal defense attorney in Salt Lake City, Utah. Darren Levitt represents clients charged with kidnapping, aggravated kidnapping and other serious felony offenses throughout the greater Salt Lake City-Ogden metropolitan area, which includes Salt Lake County, Davis County, and Weber County, Utah.
Statutory Elements under Utah’s Kidnapping Statute
The term “kidnapping” has been defined under Utah law as “intentionally or knowingly, without authority of law, and against the will of the victim” committing one of the following acts:
- (a) detaining or restraining the victim for any substantial period of time;
- (b) detaining or restraining the victim in circumstances exposing the victim to risk of bodily injury;
- (c) holding the victim in involuntary servitude;
- (d) detaining or restraining a minor without the consent of the minor’s parent or legal guardian or the consent of a person acting in loco parentis, if the minor is 14 years of age or older but younger than 18 years of age; or
- (e) moving the victim any substantial distance or across a state line.
The term “against the will of the victim” is defined under Utah law to mean acting without the consent of the legal guardian or custodian of a victim who is a mentally incompetent person.