Child kidnapping is one of the most serious felony charges on the books in Utah. A life prison term is mandatory if you are convicted of child kidnapping. Under certain circumstances, that sentence can be for life without parole (“LWOP”). The only charge that can be punished more severely is aggravated murder.
Elements of a Utah Child Kidnapping Charge
Under Utah Code 76-5-301.1, child kidnapping involves allegations that “the actor intentionally or knowingly, without authority of law, and by any means and in any manner, seizes, confines, detains, or transports a child under the age of 14 without the consent of the victim’s parent or guardian….”
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
Utah’s child kidnapping statute will not normally apply to actions taken by a child’s parents. Unless a person’s parental rights have been legally terminated, a parent cannot normally commit the crime of child kidnapping. (Note, however, that a charge of ordinary kidnapping could potentially be brought against a parent who detains a child aged 14 years or more. Also, a parent who detains a child could be guilty of custodial interference under Utah Code 76-5-303.)
Consequences of Conviction for Child Kidnapping in Utah
Unlike ordinary kidnapping charges, a conviction for child kidnapping requires a mandatory sentence of life in prison – the judge does not have the option of granting probation.
If a serious injury is inflicted on the child during the kidnapping, the judge may impose a life prison term without the possibility of parole. For child kidnapping convictions without injury, a judge must still impose a “life” prison term, but with the possibility of a release to parole after serving a portion of the prison term.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
Finding a Criminal Defense Attorney in Utah
Any criminal charge should be taken seriously. But if you are facing child kidnapping charges in Utah, you are potentially facing some of the most serious consequences possible.
The right criminal defense team can make a real difference. Contact us directly to see how we can help.
