Representative V. Lowry Snow proposes the following substitute bill:


1     
AGGRAVATED KIDNAPPING AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill clarifies the relationship between kidnapping and unlawful detention as
10     predicate offenses for aggravated kidnapping.
11     Highlighted Provisions:
12          This bill:
13          ▸     clarifies the relationship between kidnapping and unlawful detention as lesser
14     included offenses of aggravated kidnapping.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          76-5-302, as last amended by Laws of Utah 2013, Chapter 81
22          76-5-306, as last amended by Laws of Utah 2012, Chapter 39
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 76-5-302 is amended to read:
26          76-5-302. Aggravated kidnapping.
27          (1) An actor commits aggravated kidnapping if the actor, in the course of committing
28     unlawful detention or kidnapping:
29          (a) possesses, uses, or threatens to use a dangerous weapon as defined in Section
30     76-1-601; or
31          (b) acts with intent:
32          (i) to hold the victim for ransom or reward, or as a shield or hostage, or to compel a
33     third person to engage in particular conduct or to forbear from engaging in particular conduct;
34          (ii) to facilitate the commission, attempted commission, or flight after commission or
35     attempted commission of a felony;
36          (iii) to hinder or delay the discovery of or reporting of a felony;
37          (iv) to inflict bodily injury on or to terrorize the victim or another;
38          (v) to interfere with the performance of any governmental or political function; or
39          (vi) to commit a sexual offense as described in Title 76, Chapter 5, Part 4, Sexual
40     Offenses.
41          (2) As used in this section, "in the course of committing unlawful detention or
42     kidnapping" means in the course of committing, attempting to commit, or in the immediate
43     flight after the attempt or commission of a violation of:
44          (a) Section 76-5-301, kidnapping; or
45          (b) Section 76-5-304, unlawful detention.
46          (3) Aggravated kidnapping in violation of Subsection (2)(b) is a third degree felony.
47          [(3)] (4) Aggravated kidnapping in violation of Subsection (2)(a) is a first degree
48     felony punishable by a term of imprisonment of:
49          (a) except as provided in Subsection [(3)(b), (3)(c), or (4)] (4)(b), (4)(c), or (5), not less
50     than 15 years and which may be for life;
51          (b) except as provided in Subsection [(3)(c) or (4)] (4)(c) or (5), life without parole, if
52     the trier of fact finds that during the course of the commission of the aggravated kidnapping the
53     defendant caused serious bodily injury to another; or
54          (c) life without parole, if the trier of fact finds that at the time of the commission of the
55     aggravated kidnapping, the defendant was previously convicted of a grievous sexual offense.
56          [(4)] (5) If, when imposing a sentence under Subsection [(3)] (4)(a) or (b), a court finds
57     that a lesser term than the term described in Subsection [(3)] (4)(a) or (b) is in the interests of
58     justice and states the reasons for this finding on the record, the court may impose a term of
59     imprisonment of not less than:
60          (a) for purposes of Subsection [(3)] (4)(b), 15 years and which may be for life; or
61          (b) for purposes of Subsection [(3)] (4)(a) or (b):
62          (i) 10 years and which may be for life; or
63          (ii) six years and which may be for life.
64          [(5)] (6) The provisions of Subsection [(4)] (5) do not apply when a person is
65     sentenced under Subsection [(3)] (4)(c).
66          [(6)] (7) Subsections [(3)(b) and (3)(c)] (4)(b) and (4)(c) do not apply if the defendant
67     was younger than 18 years of age at the time of the offense.
68          [(7)] (8) Imprisonment under [this section] Subsection (4) is mandatory in accordance
69     with Section 76-3-406.
70          Section 2. Section 76-5-306 is amended to read:
71          76-5-306. Lesser included offense.
72          [In] For the purposes of this part, [the following offenses are] Section 76-5-301,
73     Kidnapping, is a lesser included [offenses] offense of Section 76-5-302, aggravated
74     kidnapping[:].
75          [(1) Section 76-5-301, kidnapping; and]
76          [(2) Section 76-5-304, unlawful detention or unlawful detention of a minor.]