Utah criminal charge
Aggravated kidnapping in Utah
Aggravated kidnapping is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-302. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-5-302.
How is aggravated kidnapping classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Aggravated kidnapping — in the course of unlawful detention | Third Degree Felony | A violation of Subsection (2) occurring in the course of committing unlawful detention is a third degree felony. | Utah Code Ann. § 76-5-302(3)(a) |
| Aggravated kidnapping — in the course of kidnapping | First Degree Felony | A violation of Subsection (2) occurring in the course of committing kidnapping is a first degree felony. | Utah Code Ann. § 76-5-302(3)(b) |
Common questions about aggravated kidnapping in Utah
Is aggravated kidnapping a felony or a misdemeanor in Utah?
It depends on the circumstances: aggravated kidnapping ranges from a Third Degree Felony to a First Degree Felony in Utah under Utah Code Ann. § 76-5-302.
Aggravated kidnapping — in the course of unlawful detention: Third Degree Felony (Utah Code Ann. § 76-5-302(3)(a)) · Aggravated kidnapping — in the course of kidnapping: First Degree Felony (Utah Code Ann. § 76-5-302(3)(b))
Which Utah statute covers aggravated kidnapping?
Aggravated kidnapping is governed by Utah Code Ann. § 76-5-302 (Aggravated kidnapping).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.