Utah Code » Title 76, Chapter 5 — Offenses Against the Individual; part 76-5-3 — Kidnapping, Trafficking, And Smuggling
Utah Code

Utah Code § 76-5-301.1 (2026)

Child kidnapping

✓ current as of May 2026
Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
As used in this section, "child" means an individual under 14 years old.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits child kidnapping if the actor intentionally or knowingly, without authority of law, and by any means and in any manner, seizes, confines, detains, or transports a child without the consent of the child's parent or guardian, or the consent of a person acting in loco parentis.
A violation of Subsection (2) is a first degree felony.
An actor convicted of a violation of this section shall be sentenced to imprisonment of:
except as provided in Subsection (4)(b), (4)(c), or (5), not less than 15 years and which may be for life;
except as provided in Subsection (4)(c) or (5), life without parole, if the trier of fact finds that during the course of the commission of the child kidnapping the actor caused serious bodily injury to another; or
life without parole, if the trier of fact finds that at the time of the commission of the child kidnapping the actor was previously convicted of a grievous sexual offense.
If, when imposing a sentence under Subsection (4)(a) or (b), a court finds that a lesser term than the term described in Subsection (4)(a) or (b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:
for purposes of Subsection (4)(b), 15 years and which may be for life; or
for purposes of Subsection (4)(a) or (b):
10 years and which may be for life; or
six years and which may be for life.
The provisions of Subsection (5) do not apply when a person is sentenced under Subsection (4)(c).
Subsections (4)(b) and (4)(c) do not apply if the defendant was younger than 18 years old at the time of the offense.
Imprisonment under this section is mandatory in accordance with Section 76-3-406.
A violation of Section 76-5-303 is not a violation of this section.
Notes of Decisions
Cited in 18 cases (4 in the last 5 years), 1986–2024 · leading case: State v. Diaz, 2002 UT App 288 (Utah Ct. App. 2002).
Sort: Relevance Newest Treatment
State v. Diaz, 2002 UT App 288 (Utah Ct. App. 2002). · cites it 42× “[1] He now appeals from his conviction and sentencing for child kidnaping, a first degree felony, in violation of Utah Code Ann. § 76-5-301.1 (1997). [2] We affirm.”
State v. Shickles, 760 P.2d 291 (Utah 1988). · cites it 16× “FACTS Shickles met the victim's family through a roller skating club in Kearns, Utah, and a friendly relationship developed between the family and defendant.”
State v. Met, 2016 UT 51 (Utah 2016). · cites it 6× “JUSTICE PEARCE, opinion of the Court: ¶1 Defendant Esar Met appeals his convictions on one count of aggravated murder, see UTAH CODE § 76-5-202, and one count of child kidnapping, see UTAH CODE § 76-5-301.1, each a first degree felony.”
State v. Strunk, 846 P.2d 1297 (Utah 1993). · cites it 6× “In exchange for his pleas, he was sentenced to life imprisonment for first degree murder instead of being tried for the capital offense.”
State v. Lebeau, 2014 UT 39 (Utah 2014). · cites it 4× “§§ 76-5-301.1 (child kidnapping), -402 (rape), -402.”
State v. Gray, 2016 UT App 87 (Utah Ct. App. 2016). · cites it 4× “Compare Utah Code Ann. § 76-5-301.1 (3) (Lexis- '* Nexis Supp.”
State v. Yoder, 935 P.2d 534 (Utah Ct. App. 1997). · cites it 4× “Yoder appeals his convictions for child kidnaping, a first degree felony, in violation of Utah Code Ann. § 76-5-301.1 (1995), and aggravated sexual abuse of a child, a first degree felony, in violation of Utah Code Ann.”
State v. Bishop, 717 P.2d 261 (Utah 1986). · cites it 2× “, 1953, § 76-5-301.1, are all first degree felonies for which the prescribed penalty is an indeterminate term of from five years to life.”
State v. Gibbons, 779 P.2d 1133 (Utah 1989). · cites it 2× “5, probation shall not be granted, the execution or imposition of sentence shall not be suspended, the court shall not enter a judgment for a lower category of offense, and hospitalization shall not be ordered, the effect of which would in any way shorten the prison sentence for…”
State v. Groce, 2024 UT App 166 (Utah Ct. App. 2024). · cites it 2× “” Utah Code § 76-5-301.1(2). And Utah’s attempt statute requires the State to prove that the defendant “engage[d] in conduct constituting a substantial step toward commission of the crime.”
State v. Smith, 2024 UT 13 (Utah 2024). “To commit the crime of rape of a child, Smith would have had to __________________________________________________________ 41 UTAH CODE § 76-5-301.1(2). 42 Id. § 76-5-403.1(2)(a).”
State v. Smith, 2022 UT App 82 (Utah Ct. App. 2022). “§ 76-5-301.1(1). ¶14 Smith does not dispute that he intended to engage in intercourse and oral sex with what he thought was a 13-year-old girl.”
Show all 18 citing cases →
— Utah Code § 76-5-301.1(1) — 3 cases
State v. Diaz, 2002 UT App 288 (Utah Ct. App. 2002). “[1] He now appeals from his conviction and sentencing for child kidnaping, a first degree felony, in violation of Utah Code Ann. § 76-5-301.1 (1997). [2] We affirm.”
State v. Smith, 2022 UT App 82 (Utah Ct. App. 2022). “§ 76-5-301.1(1). ¶14 Smith does not dispute that he intended to engage in intercourse and oral sex with what he thought was a 13-year-old girl.”
Blanke v. Bd. of Pardons, 2020 UT 16 (Utah 2020).
— Utah Code § 76-5-301.1(2) — 3 cases
State v. Groce, 2024 UT App 166 (Utah Ct. App. 2024). “” Utah Code § 76-5-301.1(2). And Utah’s attempt statute requires the State to prove that the defendant “engage[d] in conduct constituting a substantial step toward commission of the crime.”
State v. Smith, 2024 UT 13 (Utah 2024). “To commit the crime of rape of a child, Smith would have had to __________________________________________________________ 41 UTAH CODE § 76-5-301.1(2). 42 Id. § 76-5-403.1(2)(a).”
Blanke v. Bd. of Pardons, 2020 UT 16 (Utah 2020).
— Utah Code § 76-5-301.1(3) — 1 case
State v. Gray, 2016 UT App 87 (Utah Ct. App. 2016). “Compare Utah Code Ann. § 76-5-301.1 (3) (Lexis- '* Nexis Supp.”
— Utah Code § 76-5-301.1(3)(b) — 2 cases
State v. Met, 2016 UT 51 (Utah 2016). “JUSTICE PEARCE, opinion of the Court: ¶1 Defendant Esar Met appeals his convictions on one count of aggravated murder, see UTAH CODE § 76-5-202, and one count of child kidnapping, see UTAH CODE § 76-5-301.1, each a first degree felony.”
State v. Met, 2016 UT 51 (Utah 2016).
— Utah Code § 76-5-301.1(4) — 1 case
State v. Shickles, 760 P.2d 291 (Utah 1988). “FACTS Shickles met the victim's family through a roller skating club in Kearns, Utah, and a friendly relationship developed between the family and defendant.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.