Utah criminal charge
Custodial interference in Utah
Custodial interference is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-303. 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. § 76-5-303.
What is the penalty for custodial interference in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Custodial interference — base offense — A violation of Subsection (2) is classified as a class B misdemeanor by default.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Custodial interference — base offense — A violation of Subsection (2) is classified as a class B misdemeanor by default.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Custodial interference — prior convictions enhancement — A violation of Subsection (2) is a class A misdemeanor if the actor commits custodial interference and has been convicted of custodial interference at least twice in the preceding two years.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Custodial interference — prior convictions enhancement — A violation of Subsection (2) is a class A misdemeanor if the actor commits custodial interference and has been convicted of custodial interference at least twice in the preceding two years.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is custodial interference classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Custodial interference — base offense | Class B Misdemeanor | A violation of Subsection (2) is classified as a class B misdemeanor by default. | Utah Code Ann. § 76-5-303(3)(a) |
| Custodial interference — prior convictions enhancement | Class A Misdemeanor | A violation of Subsection (2) is a class A misdemeanor if the actor commits custodial interference and has been convicted of custodial interference at least twice in the preceding two years. | Utah Code Ann. § 76-5-303(3)(b) |
Common questions about custodial interference in Utah
Is custodial interference a felony or a misdemeanor in Utah?
It depends on the circumstances: custodial interference ranges from a Class B Misdemeanor to a Class A Misdemeanor in Utah under Utah Code Ann. § 76-5-303.
Custodial interference — base offense: Class B Misdemeanor (Utah Code Ann. § 76-5-303(3)(a)) · Custodial interference — prior convictions enhancement: Class A Misdemeanor (Utah Code Ann. § 76-5-303(3)(b))
What are the penalties for custodial interference in Utah?
Penalties for custodial interference in Utah depend on how it is classified — from a Class B Misdemeanor up to a Class A Misdemeanor — with the ranges set by Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers custodial interference?
Custodial interference is governed by Utah Code Ann. § 76-5-303 (Custodial interference).
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.