Domestic Violence: Kidnapping

Kidnapping: Domestic Violence

Kidnapping - Domestic Violence - Attorneys

Legal Definition:

Kidnapping (domestic violence) is the commission or attempt to commit kidnapping by one cohabitant against another.

Kidnapping (Domestic Violence)

Utah Code §76-5-301 & Utah Code §77-36-1


Kidnapping (domestic violence) is a 2nd degree felony.


The accused commits a 2nd degree felony kidnapping (domestic violence) when they intentionally or knowingly, without authority of law, and against the will of the victim: detain or restrain the victim for any substantial period of time; detain or restrain the victim in circumstances exposing the victim to risk of bodily injury; holds the victim in involuntary servitude; detains or restrains a minor without the consent of the minor’s parent or legal guardian or the consent of a person acting in loco parentis, if the minor is 14 years of age or older but younger than 18 years of age; or moves the victim any substantial distance or across a state line.


2nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)


The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)


2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))


Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to the release of an offender who has been arrested for domestic violence, it was the finding of the Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is substantial evidence to support the charge, and if the court finds by clear and convincing evidence that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))

Addition Sentence for Domestic Violence

In addition to penalties otherwise provided by law, the court may:

  • Order defendant to participate in an electronic or other type of monitoring program; and/or
  • Order defendant to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense;

The court will:

  • Order cost of any services or treatment provided to the victim and affected children of the victim; and
  • Order the defendant to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, that is licensed by Utah’s Department of Human Services, unless the court finds that there is no licensed program reasonably available or that the treatment or therapy is not necessary.
    (Utah Code Ann. §77-36-5(3)(4) and (5))
DNA Specimen Analysis

A defendant convicted of a 2nd degree felony kidnapping (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))


A defendant convicted of kidnapping (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))

Other Criminal Charges

Learn more about crimes related to Kidnapping (Domestic Violence). If you have any questions, please feel free to call our office at (801) 505-1586.