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

Utah Code § 76-5-304 (2026)

Unlawful detention and unlawful detention of a minor

✓ 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:
Acting "against the will of an individual" includes acting without the consent of the legal guardian, caretaker, or custodian of an individual who is:
a dependent adult; or
a minor who is 14 or 15 years old.
"Dependent adult" means the same as that term is defined in Section 76-5-111.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits unlawful detention if the actor intentionally or knowingly, without authority of law, and against the will of an individual, detains or restrains the individual.
An actor commits unlawful detention of a minor if the actor is at least four or more years older than the minor, and intentionally or knowingly, without authority of law, and against the will of the minor, coerces or exerts influence over the minor with the intent to cause the minor to remain with the actor for an unreasonable period of time under the circumstances.
A violation of Subsection (2) is a class B misdemeanor.
If the conduct of the actor amounts to a violation under one of the following, the actor shall be charged with the violation and not under Subsection (2)(a) or (2)(b):
kidnapping, as described in Section 76-5-301; or
child kidnapping, as described in Section 76-5-301.1.
Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1981–2026 · leading case: State v. James, 819 P.2d 781 (Utah 1991).
Sort: Relevance Newest Treatment
State v. James, 819 P.2d 781 (Utah 1991). · cites it 4× “" [46] Unlawful detention is defined in section 76-5-304 of Utah Code Annotated: (1) A person commits unlawful detention if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.”
State v. Dozah, 2016 UT App 13 (Utah Ct. App. 2016). · cites it 2× “Utah Code Ann. § 76-5-304 (1). ¶37 As noted above, we have the ability to enter a conviction for a lesser included offense when we determine that an error occurred but did not affect the jury findings relating to the lesser included offense.”
State v. Leech, 2020 UT App 116 (Utah Ct. App. 2020). · cites it 2× “See Utah Code Ann. § 76-5-304 (1) (LexisNexis 2014).”
State v. Reigelsperger, 2017 UT App 101 (Utah Ct. App. 2017). “§ 76-5-304 (providing that the applicable mens rea for unlawful detention is intentional or knowing), Reigelsperger does not contend that those subsequent instructions were deficient, and thus concedes that the jury instructions as a whole adequately conveyed the mens rea…”
United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). “02 (Vernon 2003) (elevating the offense to a felony if the victim is recklessly exposed to a substantial risk of serious bodily injury); Utah Code Ann. § 76-5-304 (2003); Wash. Rev.”
State v. Wilder, 2016 UT App 210 (Utah Ct. App. 2016). · cites it 2× “§ 76-5-304(1) (emphasis added). Aggravated kidnapping occurs when, during such a kidnapping or unlawful detention, the suspect intentionally “facilitate[s] the commission, [or] attempted commission, .”
Zaragoza v. State, 2017 UT App 215 (Utah Ct. App. 2017). “§ 76-5-304(1) (Lexis-Nexis 2012). As for kidnapping, there are several alternative definitions of the crime, only one of which has any temporal requirement; that alternative definition requires the defendant to have “detain[ed] or restrained] the victim for any substantial…”
State v. Hulse, 2019 UT App 105 (Utah Ct. App. 2019). “§ 76-5-304(1), (4). Defendant pled not guilty to both charges.”
State v. Norton, 2020 UT 46 (Utah 2020). · cites it 2× “§ 76-5-304(1) (2012). 15 STATE v. NORTON Opinion of the Court law.”
State v. Norton, 2018 UT App 82 (Utah Ct. App. 2018). · cites it 2× “" Utah Code Ann. § 76-5-304 (1) (LexisNexis 2012).”
State v. Norton, 2003 UT App 88 (Utah Ct. App. 2003). · cites it 2× “§ 76-5-102 (1999); and two counts of Unlawful Detention, in violation of Utah Code Ann. § 76-5-304 (1999). Defendant contends: (1) the trial court erred in rejecting his mistake of law defense, (2) the Bail Bond Recovery Act was applied as an unconstitutional strict liability…”
Idle v. State, 587 N.E.2d 712 (Ind. Ct. App. 1992). “2 (1986) ("Criminal Restraint"); Utah Code Ann. § 76-5-304 (1990) ("Unlawful Detention"); Wash.”
Show all 20 citing cases →
— Utah Code § 76-5-304(1) — 8 cases
State v. Wilder, 2016 UT App 210 (Utah Ct. App. 2016). “§ 76-5-304(1) (emphasis added). Aggravated kidnapping occurs when, during such a kidnapping or unlawful detention, the suspect intentionally “facilitate[s] the commission, [or] attempted commission, .”
Zaragoza v. State, 2017 UT App 215 (Utah Ct. App. 2017). “§ 76-5-304(1) (Lexis-Nexis 2012). As for kidnapping, there are several alternative definitions of the crime, only one of which has any temporal requirement; that alternative definition requires the defendant to have “detain[ed] or restrained] the victim for any substantial…”
State v. Hulse, 2019 UT App 105 (Utah Ct. App. 2019). “§ 76-5-304(1), (4). Defendant pled not guilty to both charges.”
State v. Norton, 2020 UT 46 (Utah 2020). “§ 76-5-304(1) (2012). 15 STATE v. NORTON Opinion of the Court law.”
State v. Peterson, 2020 UT App 47 (Utah Ct. App. 2020).
— Utah Code § 76-5-304(2)(a) — 1 case
State v. Camara, 2023 UT App 106 (Utah Ct. App. 2023).
— Utah Code § 76-5-304(2)(b) — 1 case
State v. Meguerditchian, 2026 UT App 73 (Utah Ct. App. 2026).
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.