76-5-301.1 - Child kidnapping. - Utah Statutes

76-5-301.1. Child kidnapping.
(1) An actor commits child kidnapping if the actor intentionally or knowingly, withoutauthority of law, and by any means and in any manner, seizes, confines, detains, or transports achild under the age of 14 without the consent of the victim's parent or guardian, or the consent ofa person acting in loco parentis.
(2) Violation of Section 76-5-303 is not a violation of this section.
(3) Child kidnapping is a first degree felony punishable by a term of imprisonment of:
(a) except as provided in Subsection (3)(b), (3)(c), or (4), not less than 15 years andwhich may be for life;
(b) except as provided in Subsection (3)(c) or (4), life without parole, if the trier of factfinds that during the course of the commission of the child kidnapping the defendant causedserious bodily injury to another; or
(c) life without parole, if the trier of fact finds that at the time of the commission of thechild kidnapping the defendant was previously convicted of a grievous sexual offense.
(4) If, when imposing a sentence under Subsection (3)(a) or (b), a court finds that a lesserterm than the term described in Subsection (3)(a) or (b) is in the interests of justice and states thereasons for this finding on the record, the court may impose a term of imprisonment of not lessthan:
(a) for purposes of Subsection (3)(b), 15 years and which may be for life; or
(b) for purposes of Subsection (3)(a) or (b):
(i) 10 years and which may be for life; or
(ii) six years and which may be for life.
(5) The provisions of Subsection (4) do not apply when a person is sentenced underSubsection (3)(c).
(6) Imprisonment under this section is mandatory in accordance with Section 76-3-406.

Amended by Chapter 339, 2007 General Session