A person generally commits the criminal offense of kidnapping by using force or other means of instilling fear to steal, take, hold, detain, abduct, or arrest a person and take them to another location. A person of any age may be a victim of kidnapping.

And a person generally commits the criminal offense of aggravated kidnapping if the person (1) uses force, fear, or fraud upon a victim who is a child under 14 years of age; (2) accompanies the kidnapping with a demand for ransom; (3) causes the victim to suffer serious bodily injury or death; (4) kidnaps a person during a carjacking; (5) uses the victim as a shield or hostage; or (6) exhibits or uses a deadly weapon during the course of the kidnapping.

Kidnapping laws vary from state to state, including definitions and affirmative defenses, such as whether the person taken is related to the kidnapper. Some states have child abduction laws that apply to the abduction of children by parents or relatives when the child is not moved a significant distance (out of county or state). Kidnapping laws are generally located in a state’s statutes—often in the penal or criminal code.

In Utah, kidnapping is defined under Utah Code § 76-5-301 and is considered a felony. The offense occurs when an individual intentionally or knowingly, without authority of law and against the will of the victim, detains or restrains a person with the intent to hold them for ransom, use them as a shield or hostage, facilitate the commission of a felony, hinder or delay the discovery of a felony, or inflict bodily injury on or to terrorize the victim or another person. Aggravated kidnapping, which is a more serious offense, is outlined in Utah Code § 76-5-302. It includes circumstances such as kidnapping a child under 14 years of age, demanding ransom, causing serious bodily injury or death, committing the act during a carjacking, using the victim as a shield or hostage, or using a deadly weapon during the kidnapping. Aggravated kidnapping is a first-degree felony in Utah. The state also has specific statutes regarding child abduction, including parental kidnapping, which is addressed separately under Utah Code § 76-5-303, and deals with custodial interference. Defenses to kidnapping charges may include consent of the victim or the belief that the actions were lawful, but these defenses are highly specific and fact-dependent.