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Utah statute

Utah Code Ann. § 76-5-304 — Unlawful detention and unlawful detention of a minor.

Current through 2026 General Session

Part of Part 3: Kidnapping, Trafficking, And Smuggling, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-5-304

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-5-304Primary source, current through the 2026 General Session
(1)(a) As used in this section: (1)(a)(i) Acting "against the will of an individual" includes acting without the consent of the legal guardian, caretaker, or custodian of an individual who is: (1)(a)(i)(A) a dependent adult; or (1)(a)(i)(B) a minor who is 14 or 15 years old. (1)(a)(ii) "Dependent adult" means the same as that term is defined in Section 76-5-111. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (2)(a) An actor commits unlawful detention if the actor intentionally or knowingly, without authority of law, and against the will of an individual, detains or restrains the individual. (2)(b) An actor commits unlawful detention of a minor if the actor is at least four or more years older than the minor, and intentionally or knowingly, without authority of law, and against the will of the minor, coerces or exerts influence over the minor with the intent to cause the minor to remain with the actor for an unreasonable period of time under the circumstances. (3) A violation of Subsection (2) is a class B misdemeanor. (4) If the conduct of the actor amounts to a violation under one of the following, the actor shall be charged with the violation and not under Subsection (2)(a) or (2)(b): (4)(a) kidnapping, as described in Section 76-5-301; or (4)(b) child kidnapping, as described in Section 76-5-301.1.

Official sources

Legal terms used in this section

Questions this section answers

Is unlawful detention and unlawful detention of a minor a felony or a misdemeanor in Utah?

Unlawful detention and unlawful detention of a minor is a Class B Misdemeanor in Utah under Utah Code Ann. § 76-5-304.

Which Utah statute covers unlawful detention and unlawful detention of a minor?

Unlawful detention and unlawful detention of a minor is governed by Utah Code Ann. § 76-5-304 (Unlawful detention and unlawful detention of a minor).

This reference is informational and is not legal advice.