Representative Jon Hawkins proposes the following substitute bill:




Chief Sponsor: Jon Hawkins

Senate Sponsor: Stephanie Pitcher


8     General Description:
9          This bill enacts provisions relating to parental kidnapping.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms; and
13          ▸     makes it a crime for a parent without visitation or custody rights to interfere with
14     custody of a child.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     ENACTS:
21          76-5-301.2, Utah Code Annotated 1953

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 76-5-301.2 is enacted to read:
25          76-5-301.2. Parental kidnapping.

26          (1) (a) As used in this section:
27          (i) "Child" means an individual under 18 years old.
28          (ii) "Custody" means court-ordered physical custody of a child entered by a court.
29          (iii) "Parent" means an individual:
30          (A) recognized as a biological parent or adoptive parent; or
31          (B) that has established a parent-child relationship under Section 78B-15-201.
32          (iv) "Parent-time" means court-ordered parent-time or visitation entered by a court.
33          (b) Terms defined in Section 76-1-101.5 apply to this section.
34          (2) A parent commits parental kidnapping of the parent's child if the parent:
35          (a) takes, entices, conceals, detains, or withholds the child from an individual entitled
36     to custody of the child;
37          (b) intends to interfere with the custody of the child; and
38          (c) (i) has never had a right to physical custody of the child;
39          (ii) has never been granted parent-time with the child;
40          (iii) has had all rights to physical custody of the child terminated by a court; or
41          (iv) at the time of the parent's action under Subsection (2)(a), had parent-time with the
42     child terminated or suspended by a court.
43          (3) (a) A violation of Subsection (2) is a third degree felony.
44          (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree
45     felony if, during the course of parental kidnapping, the parent removes, causes the removal, or
46     directs the removal of the child from the state.
47          (4) In addition to the affirmative defenses described in Section 76-5-305, it is an
48     affirmative defense to the crime of parental kidnapping that:
49          (a) the parent acted under a reasonable belief that the action described in Subsection
50     (2)(a) was:
51          (i) necessary to protect the child from imminent serious bodily injury, or death;
52          (ii) authorized by law; or
53          (iii) taken with the consent of:
54          (A) the individual entitled to custody of the child; or
55          (B) a custodian, guardian, caretaker, or other individual lawfully acting in place of the
56     individual entitled to custody of the child; or

57          (b) (i) the parent acted under a reasonable belief that the action described in Subsection
58     (2)(a) was necessary to protect the child from abuse, including sexual abuse; and
59          (ii) before taking the action described in Subsection (2)(a), the parent reports to law
60     enforcement the parent's intention to engage in the action and the basis for the parent's belief
61     described in Subsection (4)(b)(i).