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

Utah Code § 76-5-302 (2026)

Aggravated kidnapping

✓ current as of May 2026
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1/1/2027

As used in this section, "in the course of committing unlawful detention or kidnapping" means in the course of committing, attempting to commit, or in the immediate flight after the attempt or commission of a violation of:
Section 76-5-301, kidnapping; or
Section 76-5-304, unlawful detention.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits aggravated kidnapping if the actor, in the course of committing unlawful detention or kidnapping:
uses or threatens to use a dangerous weapon; or
acts with the intent to:
hold the victim for ransom or reward, as a shield or hostage, or to compel a third person to engage in particular conduct or to forbear from engaging in particular conduct;
facilitate the commission, attempted commission, or flight after commission or attempted commission of a felony;
hinder or delay the discovery of or reporting of a felony;
inflict bodily injury on or to terrorize the victim or another individual;
interfere with the performance of any governmental or political function; or
commit a sexual offense as described in Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-419 or 76-5-420.
A violation of Subsection (2) in the course of committing unlawful detention is a third degree felony.
A violation of Subsection (2) in the course of committing kidnapping is a first degree felony.
An actor convicted of a violation of Subsection (3)(b) 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 aggravated kidnapping the defendant caused serious bodily injury to the victim or another individual; or
life without parole, if the trier of fact finds that at the time of the commission of the aggravated kidnapping, the defendant 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 defendant is sentenced under Subsection (4)(c).
Subsections (4)(b) and (c) do not apply if the actor was younger than 18 years old at the time of the offense.
Imprisonment under Subsection (4) is mandatory in accordance with Section 76-3-406.
Notes of Decisions
Cited in 88 cases (11 in the last 5 years), 1984–2026 · leading case: State v. Lebeau, 2014 UT 39 (Utah 2014).
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State v. Lebeau, 2014 UT 39 (Utah 2014). · cites it 106× “LeBeau’s conviction for aggravated kidnapping pursuant to Utah Code section 76-5-302. Mr. LeBeau’s conviction stems from a domestic dispute triggered by Mr.”
State v. Finlayson, 956 P.2d 283 (Utah Ct. App. 1998). · cites it 26× “Jeffrey Russell Finlayson appeals his jury conviction for aggravated kidnaping, a first degree felony, in violation of Utah Code Ann. § 76-5-302 (1995), forcible sodomy, a first degree felony, in violation of Utah Code Ann.”
State v. Holbert, 2002 UT App 426 (Utah Ct. App. 2002). · cites it 14× “Holbert (Defendant) appeals his conviction of aggravated kidnaping, a first degree felony, in violation of Utah Code Ann. § 76-5-302 (1999). We affirm.”
State v. Dunn, 850 P.2d 1201 (Utah 1993). · cites it 6× “First, he claims that the testimony of Scott and Gleffe, standing apart from any other evidence, is "sufficiently inconclusive or inherently improbable" as to be legally insufficient to support an aggravated kidnapping conviction.”
State v. Perry, 899 P.2d 1232 (Utah Ct. App. 1995). · cites it 20× “She parked her car four to five feet from a large light in the parking lot and entered the store.”
State v. Diaz, 2002 UT App 288 (Utah Ct. App. 2002). · cites it 8× “Utah Code Ann. § 76-5-302 (1)(a), -(b)(ii), -(iii), -(v) (1999).”
State v. Carrera, 2022 UT App 100 (Utah Ct. App. 2022). · cites it 9× “Thus, without a finding of “serious bodily injury,” the maximum sentence that could have been imposed upon Carrera for aggravated kidnapping would have been fifteen years to life.”
State v. Bryant, 2012 UT App 264 (Utah Ct. App. 2012). · cites it 12× “See Utah Code Ann. § 76-5-302 (8)(b) (Supp.2007) (authorizing life without parole as a sentence for aggravated kidnapping if "the trier of fact finds that during the .”
State v. Houston, 2015 UT 40 (Utah 2015). · cites it 3× “, UTAH CODE § 76-5-302(6) (removing the possibility of LWOP for juveniles charged with aggravated kidnapping); id.”
State v. Hawatmeh, 2001 UT 51 (Utah 2001). · cites it 7× “Hawatmeh with (1) aggravated kidnaping, a first-degree felony, in violation of section 76-5-302 of the Utah Code, and (2) assault, a class A misdemeanor, in violation of section 76-5-102 of the Utah Code, or in the alternative, aggravated assault, a third degree felony, in…”
Parsons v. Barnes, 871 P.2d 516 (Utah 1994). · cites it 4× “" Utah Code Ann. § 76-5-302 . If the perpetrator kills the victim in the process, section 76-5-202 arguably splits the single act of aggravated kidnapping into two aggravating factors — aggravated kidnapping under subpart (d) and pecuniary gain under subpart (f).”
State v. Pedockie, 2006 UT 28 (Utah 2006). · cites it 4× “CONCLUSION 152 We agree with the court of appeals that Pedockie is entitled to a new trial, We have reviewed the record and conclude that Pedockie did not voluntarily, knowingly, or intelligently waive his right to the assistance of counsel.”
Show all 88 citing cases →
— Utah Code § 76-5-302(1) — 7 cases
State v. Finlayson, 956 P.2d 283 (Utah Ct. App. 1998). “Jeffrey Russell Finlayson appeals his jury conviction for aggravated kidnaping, a first degree felony, in violation of Utah Code Ann. § 76-5-302 (1995), forcible sodomy, a first degree felony, in violation of Utah Code Ann.”
State v. Perry, 899 P.2d 1232 (Utah Ct. App. 1995). “She parked her car four to five feet from a large light in the parking lot and entered the store.”
Zaragoza v. State, 2017 UT App 215 (Utah Ct. App. 2017).
State v. Hawatmeh, 2001 UT 51 (Utah 2001). “Hawatmeh with (1) aggravated kidnaping, a first-degree felony, in violation of section 76-5-302 of the Utah Code, and (2) assault, a class A misdemeanor, in violation of section 76-5-102 of the Utah Code, or in the alternative, aggravated assault, a third degree felony, in…”
State v. Finlayson, 2014 UT App 282 (Utah Ct. App. 2014).
— Utah Code § 76-5-302(1)(a) — 4 cases
State v. Gardner, 789 P.2d 273 (Utah 1989).
State v. Hawatmeh, 2001 UT 51 (Utah 2001). “Hawatmeh with (1) aggravated kidnaping, a first-degree felony, in violation of section 76-5-302 of the Utah Code, and (2) assault, a class A misdemeanor, in violation of section 76-5-102 of the Utah Code, or in the alternative, aggravated assault, a third degree felony, in…”
State v. Norton, 2020 UT 46 (Utah 2020).
State v. Camara, 2023 UT App 106 (Utah Ct. App. 2023).
— Utah Code § 76-5-302(1)(a)(1999) — 1 case
State v. Hawatmeh, 2001 UT 51 (Utah 2001). “Hawatmeh with (1) aggravated kidnaping, a first-degree felony, in violation of section 76-5-302 of the Utah Code, and (2) assault, a class A misdemeanor, in violation of section 76-5-102 of the Utah Code, or in the alternative, aggravated assault, a third degree felony, in…”
— Utah Code § 76-5-302(1)(b)(Gi1) — 1 case
State v. Hawatmeh, 2001 UT 51 (Utah 2001). “Hawatmeh with (1) aggravated kidnaping, a first-degree felony, in violation of section 76-5-302 of the Utah Code, and (2) assault, a class A misdemeanor, in violation of section 76-5-102 of the Utah Code, or in the alternative, aggravated assault, a third degree felony, in…”
— Utah Code § 76-5-302(1)(b)(ii) — 1 case
State v. Hawatmeh, 2001 UT 51 (Utah 2001). “Hawatmeh with (1) aggravated kidnaping, a first-degree felony, in violation of section 76-5-302 of the Utah Code, and (2) assault, a class A misdemeanor, in violation of section 76-5-102 of the Utah Code, or in the alternative, aggravated assault, a third degree felony, in…”
— Utah Code § 76-5-302(2) — 2 cases
In Re D.A.M.G., 2023 UT App 101 (Utah Ct. App. 2023).
State v. Rodriguez, 2025 UT App 84 (Utah Ct. App. 2025).
— Utah Code § 76-5-302(2)(a) — 1 case
State v. Rodriguez, 2025 UT App 84 (Utah Ct. App. 2025).
— Utah Code § 76-5-302(3) — 5 cases
State v. Lebeau, 2014 UT 39 (Utah 2014). “LeBeau’s conviction for aggravated kidnapping pursuant to Utah Code section 76-5-302. Mr. LeBeau’s conviction stems from a domestic dispute triggered by Mr.”
State v. Russell, 791 P.2d 188 (Utah 1990).
State v. Kirby, 2016 UT App 193 (Utah Ct. App. 2016).
State v. Norton, 2020 UT 46 (Utah 2020).
State v. Featherston (Utah 2026).
— Utah Code § 76-5-302(3)(a) — 4 cases
State v. Lebeau, 2014 UT 39 (Utah 2014). “LeBeau’s conviction for aggravated kidnapping pursuant to Utah Code section 76-5-302. Mr. LeBeau’s conviction stems from a domestic dispute triggered by Mr.”
State v. Carrera, 2022 UT App 100 (Utah Ct. App. 2022). “Thus, without a finding of “serious bodily injury,” the maximum sentence that could have been imposed upon Carrera for aggravated kidnapping would have been fifteen years to life.”
State v. Camara, 2023 UT App 106 (Utah Ct. App. 2023).
State v. Carrera, 2022 UT App 100 (Utah Ct. App. 2022).
— Utah Code § 76-5-302(3)(b) — 5 cases
State v. Lebeau, 2014 UT 39 (Utah 2014). “LeBeau’s conviction for aggravated kidnapping pursuant to Utah Code section 76-5-302. Mr. LeBeau’s conviction stems from a domestic dispute triggered by Mr.”
State v. Carrera, 2022 UT App 100 (Utah Ct. App. 2022). “Thus, without a finding of “serious bodily injury,” the maximum sentence that could have been imposed upon Carrera for aggravated kidnapping would have been fifteen years to life.”
State v. Camara, 2023 UT App 106 (Utah Ct. App. 2023).
State v. Seumanu, 2019 UT App 90 (Utah Ct. App. 2019).
State v. Carrera, 2022 UT App 100 (Utah Ct. App. 2022).
— Utah Code § 76-5-302(4) — 4 cases
State v. Lebeau, 2014 UT 39 (Utah 2014). “LeBeau’s conviction for aggravated kidnapping pursuant to Utah Code section 76-5-302. Mr. LeBeau’s conviction stems from a domestic dispute triggered by Mr.”
State v. Lebeau, 2012 UT App 235 (Utah Ct. App. 2012).
State v. Norton, 2020 UT 46 (Utah 2020).
State v. Poundstone, 2011 UT App 341 (Utah Ct. App. 2011).
— Utah Code § 76-5-302(5) — 2 cases
State v. Lebeau, 2014 UT 39 (Utah 2014). “LeBeau’s conviction for aggravated kidnapping pursuant to Utah Code section 76-5-302. Mr. LeBeau’s conviction stems from a domestic dispute triggered by Mr.”
State v. James, 2025 UT 53 (Utah 2025).
— Utah Code § 76-5-302(6) — 2 cases
State v. Houston, 2015 UT 40 (Utah 2015). “, UTAH CODE § 76-5-302(6) (removing the possibility of LWOP for juveniles charged with aggravated kidnapping); id.”
State v. Houston, 2015 UT 36 (Utah 2015).
— Utah Code § 76-5-302(8) — 1 case
State v. Lebeau, 2014 UT 39 (Utah 2014). “LeBeau’s conviction for aggravated kidnapping pursuant to Utah Code section 76-5-302. Mr. LeBeau’s conviction stems from a domestic dispute triggered by Mr.”
— Utah Code § 76-5-302(8)(b) — 3 cases
State v. Lebeau, 2014 UT 39 (Utah 2014). “LeBeau’s conviction for aggravated kidnapping pursuant to Utah Code section 76-5-302. Mr. LeBeau’s conviction stems from a domestic dispute triggered by Mr.”
State v. Lebeau, 2012 UT App 235 (Utah Ct. App. 2012).
State v. Bryant, 2012 UT App 264 (Utah Ct. App. 2012). “See Utah Code Ann. § 76-5-302 (8)(b) (Supp.2007) (authorizing life without parole as a sentence for aggravated kidnapping if "the trier of fact finds that during the .”
— Utah Code § 76-5-302(l)(a) — 2 cases
Zaragoza v. State, 2017 UT App 215 (Utah Ct. App. 2017).
State v. Gardner, 789 P.2d 273 (Utah 1989).
— Utah Code § 76-5-302(l)(b)(n) — 1 case
State v. Wilder, 2016 UT App 210 (Utah Ct. App. 2016).
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