Utah § 76-5-305 - Defenses to certain offenses concerning kidnapping, custodial interference, and unlawful detention.

Full text of Utah Utah Code § 76-5-305 — Defenses to certain offenses concerning kidnapping, custodial interference, and unlawful detention., with citation guidance and answers to common questions.

§ 76-5-305. Defenses to certain offenses concerning kidnapping, custodial interference, and unlawful detention.

Effective 5/6/2026
76-5-305.  Defenses to certain offenses concerning kidnapping, custodial interference, and unlawful detention.
(1)It is a defense to an offense listed in Subsection (2) that:
(a)the actor was acting under a reasonable belief that:
(i)the conduct was necessary to protect any individual from imminent bodily injury or death; or
(ii)the detention or restraint was authorized by law; or
(b)the alleged victim is younger than 18 years old or is a dependent adult, as defined in Section 76-5-111, and the actor was acting under a reasonable belief that the custodian, guardian, caretaker, legal guardian, custodial parent, or person acting in loco parentis to the victim would, if present, have consented to the actor's conduct.
(2)The offenses referred to in Subsection (1) are:
(a)kidnapping, in violation of Section 76-5-301;
(b)child kidnapping, in violation of Section 76-5-301.1;
(c)parental kidnapping, in violation of Section 76-5-301.2;
(d)aggravated kidnapping, in violation of Section 76-5-302;
(e)custodial interference, in violation of Section 76-5-303; or
(f)unlawful detention and unlawful detention of a minor, in violation of Section 76-5-304.


Amended by Chapter 247, 2026 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 76-5-305

What does Utah Code § 76-5-305 cover?

Section 76-5-305 ("Defenses to certain offenses concerning kidnapping, custodial interference, and unlawful detention.") 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 § 76-5-305?

A common citation format is "Utah Code § 76-5-305" (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 § 76-5-305 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.

Sources & Verification

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