Utah Criminal Defense Attorney - Child Kidnapping
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.
If you are facing child kidnapping charges in Utah, you need an
experienced
Utah criminal defense
attorney on your side. Stephen Howard has
successfully handled thousands of criminal cases in Utah,
including aggravated murder,
aggravated
robbery,
aggravated
burglary,
kidnapping,
and more. Don't settle for a sales pitch. Hire an
attorney with a
record of real
results.
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. . . ."
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.
Finding a Criminal Defense Attorney in Salt Lake City
As a
criminal defense attorney based in
Salt Lake City, Stephen Howard offers legal services to clients throughout Utah. No matter what charges you are facing, he has the
experience needed to effectively protect your rights.
Contact us now to arrange an initial consultation.

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