Unlawful Detention Charges in Utah

An offense of unlawful detention in Utah involves allegations that an individual has been held against their will, without the authority of law, for a brief time.  Penalties Under Utah Law, unlawful detention is a class B misdemeanor; however, if the victim is injured or the defendant threatens, uses, or…
attorney meeting with client at desk

An offense of unlawful detention in Utah involves allegations that an individual has been held against their will, without the authority of law, for a brief time. 

Penalties

Under Utah Law, unlawful detention is a class B misdemeanor; however, if the victim is injured or the defendant threatens, uses, or just possesses a weapon, the charge can become an aggravated felony charge. The criminal defense team at Stone River Law has extensive experience defending felony and misdemeanor cases, including; unlawful detention, kidnapping, aggravated kidnapping, and child kidnapping. Contact us today for your initial consultation.

Elements

Utah Code 76-5-304 details the elements of a criminal charge for unlawful detention. This offense requires proof that an individual “knowingly and intentionally” detained or restrained a person, not constituting a violation of one of Utah’s kidnapping statutes. A difference between unlawful detention and kidnapping is based on how long the person was detained. A kidnapping charge requires proof that the detention persisted for a “substantial” time. (Please note that an aggravated kidnapping charge can be filed even in cases where the detention was brief but injuries were inflicted, weapons were used, or other factors are met.)

Minors

Unlawful detention of a minor requires proof of different specific elements. This charge does not require proof that the minor was physically restrained or detained. Instead, unlawful detention of a minor can be charged if the person “coerces or exerts influence over the victim with the intent to cause the victim to remain with the actor for an unreasonable time under the circumstances.” Also, a person charged with unlawful detention of a minor must be at least four years older than the victim.

Originally Published: November 20, 2023

How can we help you?

Call us at 801-448-7451, or use this contact form.

    Related Articles

    The Double-Edged Sword of Plea Bargains in Utah’s Justice System
    Plea bargains are the backbone of Utah’s criminal justice system. In a world where courtrooms are perpetually overcrowded, prosecutors are...
    December 6, 2024
    Failure to Disclose Identity
    We've all seen old World War II movies where German officers stop citizens and ask, "Your papers, please." But did you know "papers" referred to a...
    November 26, 2024
    A Culture of Advocacy
    What Does It Mean That Our Firm Fosters a Culture of Advocacy? At Stone River Law, fostering a culture of advocacy is at the core of our mission....
    November 22, 2024

    Ready to explore our other articles?