APPENDIX 1: SELECTIONS FROM THE UTAH CRIMINAL CODE
Title 76 Chapter 01 General Provisions
Title 76 Chapter 02 Principles of Criminal Responsibility
Title 76 Chapter 05 Offenses Against the Person
76-1-104. Purposes and principles of construction.
The provisions of this code shall be construed in accordance with these general purposes.
(1) Forbid and prevent the commission of offenses.
(2) Define adequately the conduct and mental state which constitute each offense and safeguard conduct that is without fault from condemnation as criminal.
(3) Prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition or differences in rehabilitation possibilities among individual offenders.
(4) Prevent arbitrary or oppressive treatment of persons accused or convicted of offenses.
Enacted by Chapter 196, 1973 General Session
76-1-106. Strict construction rule not applicable.
The rule that a penal statute is to be strictly construed shall not apply to this code, any of its provisions, or any offense defined by the laws of this state. All provisions of this code and offenses defined by the laws of this state shall be construed according to the fair import of their terms to promote justice and to effect the objects of the law and general purposes of Section 76-1-104.
76-2-101. Requirements of criminal conduct and criminal responsibility.
(1) (a) A person is not guilty of an offense unless the person’s conduct is prohibited by law; and
(b) (i) the person acts intentionally, knowingly, recklessly, with criminal negligence, or with a mental state otherwise specified in the statute defining the offense, as the definition of the offense requires; or
(ii) the person’s acts constitute an offense involving strict liability.
(2) These standards of criminal responsibility do not apply to the violations set forth in Title 41, Chapter 6a, Traffic Code, unless specifically provided by law.
76-2-102. Culpable mental state required — Strict liability.
Every offense not involving strict liability shall require a culpable mental state, and when the definition of the offense does not specify a culpable mental state and the of-fense does not involve strict liability, intent, knowledge, or recklessness shall suffice to establish criminal responsibility. An offense shall involve strict liability if the statute defining the offense clearly indicates a legislative purpose to impose criminal responsi-bility for commission of the conduct prohibited by the statute without requiring proof of any culpable mental state.
Amended by Chapter 90, 1983 General Session
76-2-103. Definitions.
A person engages in conduct:
(1) Intentionally, or with intent or willfully with respect to the nature of his conduct or to a result of his conduct, when it is his conscious objective or desire to engage in the conduct or cause the result.
(2) Knowingly, or with knowledge, with respect to his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or the existing circumstances. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
(3) Recklessly, or maliciously, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
(4) With criminal negligence or is criminally negligent with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a sub-stantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross devi-ation from the standard of care that an ordinary person would exercise in all the circum-stances as viewed from the actor’s standpoint.
Amended by Chapter 32, 1974 General Session
76-2-104. Culpable mental state — Higher mental states included.
(1) If acting with criminal negligence is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally, knowingly, or recklessly.
(2) If acting recklessly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally or knowingly.
(3) If acting knowingly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally.
Amended by Chapter 75, 1998 General Session
76-2-103. Definitions.
A person engages in conduct:
(1) Intentionally, or with intent or willfully with respect to the nature of his conduct or to a result of his conduct, when it is his conscious objective or desire to engage in the conduct or cause the result.
(2) Knowingly, or with knowledge, with respect to his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or the existing circumstances. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
(3) Recklessly, or maliciously, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
(4) With criminal negligence or is criminally negligent with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a sub-stantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross devi-ation from the standard of care that an ordinary person would exercise in all the circum-stances as viewed from the actor’s standpoint.
Amended by Chapter 32, 1974 General Session
76-2-104. Culpable mental state — Higher mental states included.
(1) If acting with criminal negligence is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts in-tentionally, knowingly, or recklessly.
(2) If acting recklessly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally or knowingly.
(3) If acting knowingly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally.
Amended by Chapter 75, 1998 General Session
76-2-304.5. Mistake as to victim’s age not a defense.
(1) It is not a defense to the crime of child kidnaping, a violation of Section 76-5-301.1; rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation of Section 76-5-402.3; sodomy upon a child, a violation of Section 76-5-403.1; or sexual abuse of a child, a violation of Section 76-5-404.1; or aggravated sexual abuse of a child, a violation of Subsection 76-5-404.1 (4); or an attempt to commit any of those offenses, that the actor mistakenly believed the victim to be 14 years of age or older at the time of the alleged offense or was unaware of the victim’s true age.
(2) It is not a defense to the crime of unlawful sexual activity with a minor, a violation of Section 76-5-401, sexual abuse of a minor, a violation of Section 76-5-401.1, or an attempt to commit either of these offenses, that the actor mistakenly believed the victim to be 16 years of age or older at the time of the alleged offense or was unaware of the victim’s true age.
76-5-301. Kidnapping.
(1) An actor commits kidnapping if the actor intentionally or knowingly, without authority of law, and against the will of the victim:
(a) detains or restrains the victim for any substantial period of time;
(b) detains or restrains the victim in circumstances exposing the victim to risk of bodily injury;
(c) holds the victim 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, if the minor is 14 years of age or older but younger than 18 years of age; or
(e) moves the victim any substantial distance or across a state line.
(2) As used in this section, acting “against the will of the victim” includes acting without the consent of the legal guardian or custodian of a victim who is a mentally incompetent person.
(3) Kidnapping is a second degree felony.
Amended by Chapter 301, 2001 General Session
76-5-301.1. Child kidnapping.
(1) An actor commits child kidnapping if the actor intentionally or knowingly, without authority of law, and by any means and in any manner, seizes, confines, detains, or transports a child under the age of 14 without the consent of the victim’s parent or guardian, or the consent of a person acting in loco parentis.
(2) Violation of Section 76-5-303 is not a violation of this section.
(3) Child kidnapping is a first degree felony punishable by imprisonment for an indeterminate term of not less than 6, 10, or 15 years and which may be for life. Imprisonment is mandatory in accordance with Section 76-3-406.
Amended by Chapter 301, 2001 General Session
76-5-302. Aggravated kidnapping.
(1) An actor commits aggravated kidnapping if the actor, in the course of committing unlawful detention or kidnapping:
(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.
(2) 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:
(a) Section 76-5-301, kidnapping; or
(b) Section 76-5-304, unlawful detention.
(3) Aggravated kidnapping is a first degree felony punishable by imprisonment for an indeterminate term of not less than 6, 10, or 15 years and which may be for life. Imprisonment is mandatory in accordance with Section 76-3-406.
Amended by Chapter 301, 2001 General Session
76-5-303. Custodial interference.
(1) A person, whether a parent or other, is guilty of custodial interference if, without good cause, the actor takes, entices, conceals, or detains a child under the age of 16 from its parent, guardian, or other lawful custodian:
(a) knowing the actor has no legal right to do so; and
(b) with intent to hold the child for a period substantially longer than the parent-time or custody period previously awarded by a court of competent jurisdiction.
(2) A person, whether a parent or other, is guilty of custodial interference if, having actual physical custody of a child under the age of 16 pursuant to a judicial award of any court of competent jurisdiction which grants to another person parent-time, visitation, or custody rights, and without good cause the actor conceals or detains the child with intent to deprive the other person of lawful parent-time, visitation, or custody rights.
(3) Custodial interference is a class A misdemeanor unless the child is removed and taken from one state to another, in which case it is a felony of the third degree.
Amended by Chapter 255, 2001 General Session
76-5-304. Unlawful detention.
(1) An actor commits unlawful detention if the actor intentionally or knowingly, without authority of law, and against the will of the victim, detains or restrains the victim under circumstances not constituting a violation of:
(a) kidnapping, Section 76-5-301;
(b) child kidnapping, Section 76-5-301.1; or
(c) aggravated kidnapping, Section 76-5-302.
(2) As used in this section, acting “against the will of the victim” includes acting without the consent of the legal guardian or custodian of a victim who is a mentally incompetent person.
(3) Unlawful detention is a class B misdemeanor.
Amended by Chapter 301, 2001 General Session
76-5-305. Defenses.
It is a defense under this part that:
(1) the actor was acting under a reasonable belief that:
(a) the conduct was necessary to protect any person from imminent bodily injury or death; or
(b) the detention or restraint was authorized by law; or
(2) the alleged victim is younger than 18 years of age or is mentally incompetent, and the actor was acting under a reasonable belief that the custodian, guardian, legal guardian, custodial parent, or person acting in loco parentis to the victim would, if present, have consented to the actor’s conduct.
76-5-401.1. Sexual abuse of a minor.
(1) For purposes of this section “minor” is a person who is 14 years of age or older, but younger than 16 years of age, at the time the sexual activity described in this section occurred.
(2) A person commits sexual abuse of a minor if the person is seven years or more older than the minor and, under circumstances not amounting to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, aggravated sexual assault, in violation of Section 76-5-405, unlawful sexual activity with a minor, in violation of Section 76-5-401, or an attempt to commit any of those offenses, the person touches the anus, buttocks, or any part of the genitals of the minor, or touches the breast of a female minor, or otherwise takes indecent liberties with the minor, or causes a minor to take indecent liberties with the actor or another person, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant.
(3) A violation of this section is a class A misdemeanor.
Enacted by Chapter 82, 1998 General Session
76-5-404. Forcible sexual abuse.
(1) A person commits forcible sexual abuse if the victim is 14 years of age or older and, under circumstances not amounting to rape, object rape, sodomy, or attempted rape or sodomy, the actor touches the anus, buttocks, or any part of the genitals of another, or touches the breast of a female, or otherwise takes indecent liberties with another, or causes another to take indecent liberties with the actor or another, with intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, without the consent of the other, regardless of the sex of any participant.
(2) Forcible sexual abuse is a felony of the second degree.
Amended by Chapter 18, 1984 General Session
76-5-406. Sexual offenses against the victim without consent of victim — Circumstances.
An act of sexual intercourse, rape, attempted rape, rape of a child, attempted rape of a child, object rape, attempted object rape, object rape of a child, attempted object rape of a child, sodomy, attempted sodomy, forcible sodomy, attempted forcible sodomy, sodomy upon a child, attempted sodomy upon a child, forcible sexual abuse, attempted forcible sexual abuse, sexual abuse of a child, attempted sexual abuse of a child, aggravated sexual abuse of a child, attempted aggravated sexual abuse of a child, or simple sexual abuse is without consent of the victim under any of the following circumstances:
(1) the victim expresses lack of consent through words or conduct;
(2) the actor overcomes the victim through the actual application of physical force or violence;
(3) the actor is able to overcome the victim through concealment or by the element of surprise;
(4) (a) (i) the actor coerces the victim to submit by threatening to retaliate in the immediate future against the victim or any other person, and the victim perceives at the time that the actor has the ability to execute this threat; or
(ii) the actor coerces the victim to submit by threatening to retaliate in the future against the victim or any other person, and the victim believes at the time that the actor has the ability to execute this threat;
(b) as used in this Subsection (4) “to retaliate” includes but is not limited to threats of physical force, kidnaping, or extortion;
(5) the victim has not consented and the actor knows the victim is unconscious, unaware that the act is occurring, or physically unable to resist;
(6) the actor knows that as a result of mental disease or defect, the victim is at the time of the act incapable either of appraising the nature of the act or of resisting it;
(7) the actor knows that the victim submits or participates because the victim erroneously believes that the actor is the victim’s spouse;
(8) the actor intentionally impaired the power of the victim to appraise or control his or her conduct by administering any substance without the victim’s knowledge;
(9) the victim is younger than 14 years of age;
(10) the victim is younger than 18 years of age and at the time of the offense the actor was the victim’s parent, stepparent, adoptive parent, or legal guardian or occupied a position of special trust in relation to the victim as defined in Subsection76-5-404.1(4)(h)
(11) the victim is 14 years of age or older, but younger than 18 years of age, and the actor is more than three years older than the victim and entices or coerces the victim to submit or participate, under circumstances not amounting to the force or threat required under Subsection (2) or (4); or
(12) the actor is a health professional or religious counselor, as those terms are defined in this Subsection (12), the act is committed under the guise of providing professional diagnosis, counseling, or treatment, and at the time of the act the victim reasonably believed that the act was for medically or professionally appropriate diagnosis, counseling, or treatment to the extent that resistance by the victim could not reasonably be expected to have been manifested. For purposes of this Subsection (12):
(a) “health professional” means an individual who is licensed or who holds himself out to be licensed, or who otherwise provides professional physical or mental health services, diagnosis, treatment, or counseling including, but not limited to, a physician, osteopathic physician, nurse, dentist, physical therapist, chiropractor, mental health therapist, social service worker, clinical social worker, certified social worker, marriage and family therapist, professional counselor, psychiatrist, psychologist, psychiatric mental health nurse specialist, or substance abuse counselor; and
(b) “religious counselor” means a minister, priest, rabbi, bishop, or other recognized member of the clergy.
Amended by Chapter 149, 2003 General Session
76-5-305. Defenses.
It is a defense under this part that:
(1) the actor was acting under a reasonable belief that:
(a) the conduct was necessary to protect any person from imminent bodily injury or death; or
(b) the detention or restraint was authorized by law; or
(2) the alleged victim is younger than 18 years of age or is mentally incompetent, and the actor was acting under a reasonable belief that the custodian, guardian, legal guardian, custodial parent, or person acting in loco parentis to the victim would, if present, have consented to the actor’s conduct.
77-37-3 Bill of Rights.
(1) The bill of rights for victims and witnesses is:
(a) Victims and witnesses have a right to be informed as to the level of protection from intimidation and harm available to them, and from what sources, as they participate in criminal justice proceedings as designated by Section 76-8-508 , regarding witness tampering, and Section 76-8-509 , regarding threats against a victim. Law enforcement, prosecution, and corrections personnel have the duty to timely provide this information in a form that is useful to the victim.
(b) Victims and witnesses, including children and their guardians, have a right to be informed and assisted as to their role in the criminal justice process. All criminal justice agencies have the duty to provide this information and assistance.
(c) Victims and witnesses have a right to clear explanations regarding relevant legal proceedings; these explanations shall be appropriate to the age of child victims and witnesses. All criminal justice agencies have the duty to provide these explanations.
(d) Victims and witnesses should have a secure waiting area that does not require them to be in close proximity to defendants or the family and friends of defendants. Agencies controlling facilities shall, whenever possible, provide this area.
(e) Victims are entitled to restitution or reparations, including medical costs, as provided in Title 63, Chapter 25a, Criminal Justice and Substance Abuse, and Sections 62A-7-122 , 77-38a-302 , and 77-27-6 . State and local government agencies that serve victims have the duty to have a functional knowledge of the procedures established by the Utah Crime Victims’ Reparations Board and to inform victims of these procedures.
(f) Victims and witnesses have a right to have any personal property returned as provided in Sections 77-24-1 through 77-24-5 . Criminal justice agencies shall expeditiously return the property when it is no longer needed for court law enforcement or prosecution purposes.
(g) Victims and witnesses have the right to reasonable employer intercession services, including pursuing employer cooperation in minimizing employees’ loss of pay and other benefits resulting from their participation in the criminal justice process. Officers of the court shall provide these services and shall consider victims’ and witnesses’ schedules so that activities which conflict can be avoided. Where conflicts cannot be avoided, the victim may request that the responsible agency intercede with employers or other parties.
(h) Victims and witnesses, particularly children, should have a speedy disposition of the entire criminal justice process. All involved public agencies shall establish policies and procedures to encourage speedy disposition of criminal cases.
(i) Victims and witnesses have the right to timely notice of judicial proceedings they are to attend and timely notice of cancellation of any proceedings. Criminal justice agencies have the duty to provide these notifications. Defense counsel and others have the duty to provide timely notice to prosecution of any continuances or other changes that may be required.
(j) Victims of sexual offenses have a right to be informed of their right to request voluntary testing for themselves for HIV infection as provided in Section 76-5-503 and to request mandatory testing of the convicted sexual offender for HIV infection as provided in Section 76-5-502 . The law enforcement office where the sexual offense is reported shall have the responsibility to inform victims of this right.
(2) Informational rights of the victim under this chapter are based upon the victim providing his current address and telephone number to the criminal justice agencies Involved in the case 2002
77-38-9 Representative of victim – Court designation – Representation in cases involving minors – Photographs in homicide cases.
(1)(a) A victim of a crime may designate, with the approval of the court, a representative who may exercise the same rights that the victim is entitled to exercise under this chapter.
(b) Except as otherwise provided in this section, the victim may revoke the designation at any time.
(c) In cases where the designation is in question, the court may require that the designa-tion of the representative be made in writing by the victim.
(2) In cases in which the victim is deceased or incapacitated, upon request from the victim’s spouse, parent, child, or close friend, the court shall designate a representative or representatives of the victim to exercise the rights of a victim under this chapter on behalf of the victim. The responsible prosecuting agency may request a designation to the court.
(3) (a) If the victim is a minor, the court in its discretion may allow the minor to exercise the rights of a victim under this chapter or may allow the victim’s parent or other immediate family member to act as a representative of the victim.
(b) The court may also, in its discretion, designate a person who is not a member of the immediate family to represent the interests of the minor.
(4) The representative of a victim of a crime shall not be:
(a) the accused or a person who appears to be accountable or otherwise criminally responsible for or criminally involved in the crime or conduct, a related crime or conduct, or a crime or act arising from the same conduct, criminal episode, or plan as the crime or conduct is defined under the laws of this state;
(b) a person in the custody of or under detention of federal, state, or local authorities; or
(c) a person whom the court in its discretion considers to be otherwise inappropriate.
(5) Any notices that are to be provided to a victim pursuant to this chapter shall be sent to the victim or the victim’s lawful representative.
(6) On behalf of the victim, the prosecutor may assert any right to which the victim is entitled under this chapter, unless the victim requests otherwise or exercises his own rights.
(7) In any homicide prosecution, the prosecution may introduce a photograph of the victim taken before the homicide to establish that the victim was a human being, the identity of the victim, and for other relevant purposes.
1995
77-38-7 Victim’s right to a speedy trial.
(1) In determining a date for any criminal trial or other important criminal or juvenile justice hearing, the court shall consider the interests of the victim of a crime to a speedy resolution of the charges under the same standards that govern a defendant’s or minor’s right to a speedy trial.
(2) The victim of a crime has the right to a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant or minor and to prompt and final conclusion of the case after the disposition or conviction and sentence, including prompt and final conclusion of all collateral attacks on dispositions or criminal judgments.
(3) (a) In ruling on any motion by a defendant or minor to continue a previously established trial or other important criminal or juvenile justice hearing, the court shall inquire into the circumstances requiring the delay and consider the interests of the victim of a crime to a speedy disposition of the case.
(b) If a continuance is granted, the court shall enter in the record the specific reason for the continuance and the procedures that have been taken to avoid further delays. 1995
KIDNAPPING AMENDMENTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Glenn L. Way
5 This act modifies the Criminal Code regarding kidnapping offenses, by amending the
6 elements of offenses, stating defenses, and specifying lesser included offenses. This act also
7 includes cross reference amendments.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-3-202, as last amended by Chapter 69, Laws of Utah 1998
11 76-5-301, as last amended by Chapter 88, Laws of Utah 1983
12 76-5-301.1, as last amended by Chapter 40, Laws of Utah 1996
13 76-5-302, as last amended by Chapter 69, Laws of Utah 1998
14 76-5-304, as enacted by Chapter 196, Laws of Utah 1973
15 77-27-7, as last amended by Chapter 69, Laws of Utah 1998
16 ENACTS:
17 76-5-305, Utah Code Annotated 1953
18 76-5-306, Utah Code Annotated 1953
19 Be it enacted by the Legislature of the state of Utah:…
…87 Section 2. Section 76-5-301 is amended to read:
88 76-5-301. Kidnapping.
89 (1) [A person] An actor commits [kidnaping when he] kidnapping if the actor intentionally
90 or knowingly [and], without authority of law, and against the will of the victim:
91 (a) detains or restrains [another] the victim for any substantial period of time; [or]
92 (b) detains or restrains [another] the victim in circumstances exposing [him] the victim to
93 risk of [serious] bodily injury; [or]
94 (c) holds [another] the victim in involuntary servitude; [or]
95 (d) detains or restrains a minor without the consent of [its] the minor’s parent or legal
96 guardian or the consent of a person acting in loco parentis, if the minor is 14 years of age or older
97 but younger than 18 years of age; or
98 (e) moves the victim any substantial distance or across a state line.
99 (2) As used in this section, acting “against the will of the victim” includes acting without
100 the consent of the legal guardian or custodian of a victim who is a mentally incompetent person.
101 [(2) Kidnaping] (3) Kidnapping is a second degree felony [of the second degree].
102 Section 3. Section 76-5-301.1 is amended to read:
103 76-5-301.1. Child kidnapping.
104 (1) [A person] An actor commits child [kidnaping when] kidnapping if the [person] actor
105 intentionally or knowingly, without authority of law, and [against the will of the victim,] by any
106 means and in any manner, seizes, confines, detains, or transports a child under the age of 14 [with
107 intent to keep or conceal the child from its parent, guardian, or other person having lawful custody
108 or control of the child. (2) A seizure, confinement, detention, or transportation is deemed to be
109 against the will of the victim if the victim is younger than 14 years of age at the time of the offense,
110 and the seizure, confinement, detention, or transportation, is] without the [effective] consent of the
111 victim’s [custodial] parent[,] or guardian, or the consent of a person acting in loco parentis.
112 [(3)] (2) Violation of Section 76-5-303 is not a violation of this section.
113 [(4)] (3) Child [kidnaping] kidnapping is a first degree felony punishable by imprisonment
114 for an indeterminate term of not less than 6, 10, or 15 years and which may be for life.
115 Imprisonment is mandatory in accordance with Section 76-3-406 .
116 Section 4. Section 76-5-302 is amended to read:
117 76-5-302. Aggravated kidnapping.
118 (1) [A person] An actor commits aggravated [kidnaping] kidnapping if the [person
119 intentionally or knowingly, without authority of law and against the will of the victim, by any
120 means and in any manner, seizes, confines, detains, or transports the victim] actor, in the course
121 of committing unlawful detention or kidnapping:
122 (a) [and in committing, attempting to commit, or in the immediate flight after the attempt
123 or commission of the kidnaping, the actor] possesses, uses, or threatens to use a dangerous weapon
124 as defined in Section 76-1-601 ; or
125 (b) acts with intent:
126 (i) to hold the victim for ransom or reward, or as a shield or hostage, or to compel a third
127 person to engage in particular conduct or to forbear from engaging in particular conduct;
128 (ii) to facilitate the commission, attempted commission, or flight after commission or
129 attempted commission of a felony;
130 (iii) to hinder or delay the discovery of or reporting of a felony;
131 [(iii)] (iv) to inflict bodily injury on or to terrorize the victim or another;
132 [(iv)] (v) to interfere with the performance of any governmental or political function; or
133 [(v)] (vi) to commit a sexual offense as described in Title 76, Chapter 5, Part 4 [of this
134 chapter], Sexual Offenses.
135 [(2) A detention or moving is deemed to be the result of force, threat, or deceit if the
136 victim is mentally incompetent or younger than 16 years and the detention or moving is
137 accomplished without the effective consent of the victim's custodial parent, guardian, or person
138 acting in loco parentis to the victim.]
139 (2) As used in this Subsection (2), “in the course of committing unlawful detention or
140 kidnapping” means in the course of committing, attempting to commit, or in the immediate flight
141 after the attempt or commission of a violation of:
142 (a ) Section 76-5-301 , kidnapping; or
143 (b) Section 76-5-304 , unlawful detention.
144 (3) Aggravated [kidnaping] kidnapping is a first degree felony punishable by imprisonment
145 for an indeterminate term of not less than 6, 10, or 15 years and which may be for life.
146 Imprisonment is mandatory in accordance with Section 76-3-406 .
147 Section 5. Section 76-5-304 is amended to read:
148 76-5-304. Unlawful detention.
149 (1) [A person] An actor commits unlawful detention if [he] the actor intentionally or
150 knowingly, without authority of law, and against the will of the victim, detains or restrains [another
151 unlawfully so as to interfere substantially with his liberty] the victim under circumstances not
152 constituting a violation of:
153 (a) kidnapping, Section 76-5-301 ;
154 (b) child kidnapping, Section 76-5-301.1 ; or
155 (c) aggravated kidnapping, Section 76-5-302 .
156 (2) As used in this section, acting “against the will of the victim” includes acting without
157 the consent of the legal guardian or custodian of a victim who is a mentally incompetent person.
158 [(2)] (3) Unlawful detention is a class B misdemeanor.
159 Section 6. Section 76-5-305 is enacted to read:
160 76-5-305. Defenses.
161 It is a defense under this part that:
162 (1) the actor was acting under a reasonable belief that:
163 (a) the conduct was necessary to protect any person from imminent bodily injury or death;
164 or
165 (b) the detention or restraint was authorized by law; or
166 (2) the alleged victim is younger than 18 years of age or is mentally incompetent, and the
167 actor was acting under a reasonable belief that the custodian, guardian, legal guardian, custodial
168 parent, or person acting in loco parentis to the victim would, if present, have consented to the
169 actor’s conduct.
170 Section 7. Section 76-5-306 is enacted to read:
171 76-5-306. Lesser included offenses.
172 In this part, the following offenses are lesser included offenses of Section 76-5-302 ,
173 aggravated kidnapping:
174 (1) Section 76-5-301 , kidnapping; and
175 (2) Section 76-5-304 , unlawful detention.
176 Section 8. Section 77-27-7 is amended to read:
Legislative Review Note as of 1-15-01 12:50 PM …
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
FROM THE U.S. CODE (FEDERAL OFFENSES)
Title 42. Sub-chapter 21:
2) Obstructing justice; intimidating party, witness, or juror.
If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws;
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