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:
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
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
Section 76-5-302 ("Aggravated kidnapping. (Effective 1/1/2027)") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-5-302?
A common citation format is "Utah Code § 76-5-302" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-5-302 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
