7 LONG TITLE
8 General Description:
9 This bill modifies a provision related to aggravated kidnapping.
10 Highlighted Provisions:
11 This bill:
12 ▸ clarifies that aggravated kidnapping is punishable by a prison sentence of life
13 without parole if the defendant causes serious bodily injury to the victim during the
14 course of committing the offense.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 76-5-302, as last amended by Laws of Utah 2019, Chapter 106
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-5-302 is amended to read:
25 76-5-302. Aggravated kidnapping.
26 (1) An actor commits aggravated kidnapping if the actor, in the course of committing
27 unlawful detention or kidnapping:
28 (a) uses or threatens to use a dangerous weapon as defined in Section 76-1-601; or
29 (b) acts with intent:
30 (i) to hold the victim for ransom or reward, or as a shield or hostage, or to compel a
31 third person to engage in particular conduct or to forbear from engaging in particular conduct;
32 (ii) to facilitate the commission, attempted commission, or flight after commission or
33 attempted commission of a felony;
34 (iii) to hinder or delay the discovery of or reporting of a felony;
35 (iv) to inflict bodily injury on or to terrorize the victim or another individual;
36 (v) to interfere with the performance of any governmental or political function; or
37 (vi) to commit a sexual offense as described in Title 76, Chapter 5, Part 4, Sexual
39 (2) As used in this section, "in the course of committing unlawful detention or
40 kidnapping" means in the course of committing, attempting to commit, or in the immediate
41 flight after the attempt or commission of a violation of:
42 (a) Section 76-5-301, kidnapping; or
43 (b) Section 76-5-304, unlawful detention.
44 (3) Aggravated kidnapping in the course of committing unlawful detention is a third
45 degree felony.
46 (4) Aggravated kidnapping is a first degree felony punishable by a term of
47 imprisonment of:
48 (a) except as provided in Subsection (4)(b), (4)(c), or (5), not less than 15 years and
49 which may be for life;
50 (b) except as provided in Subsection (4)(c) or (5), life without parole, if the trier of fact
51 finds that during the course of the commission of the aggravated kidnapping the defendant
52 caused serious bodily injury to the victim or another individual; or
53 (c) life without parole, if the trier of fact finds that at the time of the commission of the
54 aggravated kidnapping, the defendant was previously convicted of a grievous sexual offense.
55 (5) If, when imposing a sentence under Subsection (4)(a) or (b), a court finds that a
56 lesser term than the term described in Subsection (4)(a) or (b) is in the interests of justice and
57 states the reasons for this finding on the record, the court may impose a term of imprisonment
58 of not less than:
59 (a) for purposes of Subsection (4)(b), 15 years and which may be for life; or
60 (b) for purposes of Subsection (4)(a) or (b):
61 (i) 10 years and which may be for life; or
62 (ii) six years and which may be for life.
63 (6) The provisions of Subsection (5) do not apply when a person is sentenced under
64 Subsection (4)(c).
65 (7) Subsections (4)(b) and (c) do not apply if the defendant was younger than 18 years
66 of age at the time of the offense.
67 (8) Imprisonment under Subsection (4) is mandatory in accordance with Section