Utah Criminal Defense Attorney
Utah’s Kidnapping statute can be found at Utah Code Ann. 76-5-301 (2017). Kidnapping is a 2nd Degree felony.
Utah defines the Kidnapping as the following:
An actor commits kidnapping if the actor intentionally and against the will of the complaining witness:
(1). Detains or restrains the complaining witness for any substantial period of time;
(2). Detains or restrains the complaining witness in circumstances exposing the victim to risk of bodily injury, or,
(3). Holds the victim in involuntary servitude;
(4). Detains or restrains a minor without the consent of the minor’s parent or legal guardian or the consent of a person acting in loco parentis, if the minor is 14 years of age or older but younger than 18 years of age; or
(5) Moves the victim any substantial distance or across a state line.
What constitutes a substantial amount of time being detained is up the jury to decide and this may be the pivotal defense issue that a good Utah criminal defense attorney will need to key in on. Many times in criminal defense there was illegal, criminal activity, but the criminal defendant has been improperly charged with higher offenses than are merited under the circumstances.