reglab/housing_qa huggingface dataset:
UT Code § 76-5-301 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 3 - Kidnapping, Trafficking, and Smuggling|Section 301 - Kidnapping.

76-5-301. Kidnapping.    (1) An actor commits kidnapping if the actor intentionally or knowingly, without authority of law, and against the will of the victim:   (a) detains or restrains the victim for any substantial period of time;     (b) detains or restrains the victim in circumstances exposing the victim to risk of bodily injury;     (c) holds the victim in involuntary servitude;     (d) 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     (e) moves the victim any substantial distance or across a state line.       (2) As used in this section, acting "against the will of the victim" includes acting without the consent of the legal guardian or custodian of a victim who is a mentally incompetent person.     (3) Kidnapping is a second degree felony.    Amended by Chapter 301, 2001 General Session
UT Code § 76-5-301.1 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 3 - Kidnapping, Trafficking, and Smuggling|Section 301.1 - Child kidnapping.

76-5-301.1. Child kidnapping.    (1) An actor commits child kidnapping if 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, or the consent of a person acting in loco parentis.     (2) Violation of Section 76-5-303 is not a violation of this section.     (3) Child kidnapping is a first degree felony punishable by a term of imprisonment of:   (a) except as provided in Subsection (3)(b), (3)(c), or (4), not less than 15 years and which may be for life;     (b) except as provided in Subsection (3)(c) or (4), life without parole, if the trier of fact finds that during the course of the commission of the child kidnapping the defendant caused serious bodily injury to another; or     (c) life without parole, if the trier of fact finds that at the time of the commission of the child kidnapping the defendant was previously convicted of a grievous sexual offense.       (4) If, when imposing a sentence under Subsection (3)(a) or (b), a court finds that a lesser term than the term described in Subsection (3)(a) or (b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:   (a) for purposes of Subsection (3)(b), 15 years and which may be for life; or     (b) for purposes of Subsection (3)(a) or (b):   (i) 10 years and which may be for life; or     (ii) six years and which may be for life.         (5) The provisions of Subsection (4) do not apply when a person is sentenced under Subsection (3)(c).     (6) Subsections (3)(b) and (3)(c) do not apply if the defendant was younger than 18 years of age at the time of the offense.     (7) Imprisonment under this section is mandatory in accordance with Section 76-3-406.    Amended by Chapter 81, 2013 General Session
UT Code § 76-5-302 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 3 - Kidnapping, Trafficking, and Smuggling|Section 302 - Aggravated kidnapping.

 Effective 5/12/2020  76-5-302. Aggravated kidnapping.    (1) An actor commits aggravated kidnapping if the actor, in the course of committing unlawful detention or kidnapping:   (a) uses or threatens to use a dangerous weapon as defined in Section 76-1-601; or     (b) acts with intent:   (i) to hold the victim for ransom or reward, or as a shield or hostage, or to compel a third person to engage in particular conduct or to forbear from engaging in particular conduct;     (ii) to facilitate the commission, attempted commission, or flight after commission or attempted commission of a felony;     (iii) to hinder or delay the discovery of or reporting of a felony;     (iv) to inflict bodily injury on or to terrorize the victim or another individual;     (v) to interfere with the performance of any governmental or political function; or     (vi) to commit a sexual offense as described in Title 76, Chapter 5, Part 4, Sexual Offenses.         (2) As used in this section, "in the course of committing unlawful detention or kidnapping" means in the course of committing, attempting to commit, or in the immediate flight after the attempt or commission of a violation of:   (a) Section 76-5-301, kidnapping; or     (b) Section 76-5-304, unlawful detention.       (3) Aggravated kidnapping in the course of committing unlawful detention is a third degree felony.     (4) Aggravated kidnapping is a first degree felony punishable by a term of imprisonment of:   (a) except as provided in Subsection (4)(b), (4)(c), or (5), not less than 15 years and which may be for life;     (b) except as provided in Subsection (4)(c) or (5), life without parole, if the trier of fact finds that during the course of the commission of the aggravated kidnapping the defendant caused serious bodily injury to the victim or another individual; or     (c) life without parole, if the trier of fact finds that at the time of the commission of the aggravated kidnapping, the defendant was previously convicted of a grievous sexual offense.       (5) If, when imposing a sentence under Subsection (4)(a) or (b), a court finds that a lesser term than the term described in Subsection (4)(a) or (b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:   (a) for purposes of Subsection (4)(b), 15 years and which may be for life; or     (b) for purposes of Subsection (4)(a) or (b):   (i) 10 years and which may be for life; or     (ii) six years and which may be for life.         (6) The provisions of Subsection (5) do not apply when a person is sentenced under Subsection (4)(c).     (7) Subsections (4)(b) and (c) do not apply if the defendant was younger than 18 years of age at the time of the offense.     (8) Imprisonment under Subsection (4) is mandatory in accordance with Section 76-3-406.    Amended by Chapter 298, 2020 General Session
UT Code § 76-5-303 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 3 - Kidnapping, Trafficking, and Smuggling|Section 303 - Custodial interference.

 Effective 5/5/2021  76-5-303. Custodial interference.    (1) As used in this section:   (a) "Child" means a person under the age of 18.     (b) "Custody" means court-ordered physical custody entered by a court of competent jurisdiction.     (c) "Visitation" means court-ordered parent-time or visitation entered by a court of competent jurisdiction.       (2)   (a) A person who is entitled to custody of a child is guilty of custodial interference if, during a period of time when another person is entitled to visitation of the child, the person takes, entices, conceals, detains, or withholds the child from the person entitled to visitation of the child, with the intent to interfere with the visitation of the child.     (b) A person who is entitled to visitation of a child is guilty of custodial interference if, during a period of time when the person is not entitled to visitation of the child, the person takes, entices, conceals, detains, or withholds the child from a person who is entitled to custody of the child, with the intent to interfere with the custody of the child.       (3) Except as provided in Subsection (4) or (5), custodial interference is a class B misdemeanor.     (4) Except as provided in Subsection (5), the actor described in Subsection (2) is guilty of a class A misdemeanor if the actor:   (a) commits custodial interference; and     (b) has been convicted of custodial interference at least twice in the two-year period immediately preceding the day on which the commission of custodial interference described in Subsection (4)(a) occurs.       (5) Custodial interference is a felony of the third degree if, during the course of the custodial interference, the actor described in Subsection (2) removes, causes the removal, or directs the removal of the child from the state.     (6) In addition to the affirmative defenses described in Section 76-5-305, it is an affirmative defense to the crime of custodial interference that:   (a) the action is consented to by the person whose custody or visitation of the child was interfered with; or     (b)   (i) the action is based on a reasonable belief that the action is necessary to protect a child from abuse, including sexual abuse; and     (ii) before engaging in the action, the person reports the person's intention to engage in the action, and the basis for the belief described in Subsection (6)(b)(i), to the Division of Child and Family Services or law enforcement.        Amended by Chapter 343, 2021 General Session
UT Code § 76-5-303.5 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 3 - Kidnapping, Trafficking, and Smuggling|Section 303.5 - Notification of conviction of custodial interference.

76-5-303.5. Notification of conviction of custodial interference.    (1) As used in this section:   (a) "Convicted" means that a person has received a conviction.     (b) "Conviction" is as defined in Section 53-3-102.       (2) If a person is convicted of custodial interference under Section 76-5-303, the court shall notify the Driver License Division, created in Section 53-3-103, of the conviction, and whether the conviction is for:   (a) a class B misdemeanor, under Subsection 76-5-303(3);     (b) a class A misdemeanor, under Subsection 76-5-303(4); or     (c) a felony, under Subsection 76-5-303(5).      Enacted by Chapter 374, 2010 General Session
UT Code § 76-5-304 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 3 - Kidnapping, Trafficking, and Smuggling|Section 304 - Unlawful detention and unlawful detention of a minor.

 Effective 5/14/2019  76-5-304. Unlawful detention and unlawful detention of a minor.    (1) An actor commits unlawful detention if the actor intentionally or knowingly, without authority of law, and against the will of the victim, detains or restrains the victim under circumstances not constituting a violation of:   (a) kidnapping, Section 76-5-301; or     (b) child kidnapping, Section 76-5-301.1.       (2) An actor commits unlawful detention of a minor if the actor intentionally or knowingly, without authority of law, and against the will of the victim, coerces or exerts influence over the victim with the intent to cause the victim to remain with the actor for an unreasonable period of time under the circumstances, and:   (a) the act is under circumstances not constituting a violation of:   (i) kidnapping, Section 76-5-301; or     (ii) child kidnapping, Section 76-5-301.1; and       (b) the actor is at least four or more years older than the victim.       (3) As used in this section, acting "against the will of the victim" includes acting without the consent of the legal guardian or custodian of a victim who is:   (a) a mentally incompetent person; or     (b) a minor who is 14 or 15 years of age.       (4) Unlawful detention is a class B misdemeanor.    Amended by Chapter 106, 2019 General Session
UT Code § 76-5-305 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 3 - Kidnapping, Trafficking, and Smuggling|Section 305 - Defenses.

 Effective 5/14/2019  76-5-305. Defenses.    (1) It is a defense under this part that:   (a) the actor was acting under a reasonable belief that:   (i) the conduct was necessary to protect any person from imminent bodily injury or death; or     (ii) the detention or restraint was authorized by law; or       (b) the alleged victim is younger than 18 years of age or is mentally incompetent, and the actor was acting under a reasonable belief that the custodian, guardian, legal guardian, custodial parent, or person acting in loco parentis to the victim would, if present, have consented to the actor's conduct.       (2) Subsection (1)(b) may not be used as a defense to conduct described in Section 76-5-308.5.    Amended by Chapter 26, 2019 General Session
UT Code § 76-5-306 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 3 - Kidnapping, Trafficking, and Smuggling|Section 306 - Lesser included offenses.

76-5-306. Lesser included offenses.  In this part, the following offenses are lesser included offenses of Section 76-5-302, aggravated kidnapping:  (1) Section 76-5-301, kidnapping; and     (2) Section 76-5-304, unlawful detention or unlawful detention of a minor.    Amended by Chapter 39, 2012 General Session
UT Code § 76-5-307 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 3 - Kidnapping, Trafficking, and Smuggling|Section 307 - Definitions.

76-5-307. Definitions.  As used in Sections 76-5-308 through 76-5-310 of this part:  (1) "Child" means a person younger than 18 years of age.     (2) "Commercial purpose" includes direct or indirect participation in or facilitation of the transportation of one or more persons for the purpose of:   (a) charging or obtaining a fee for the transportation; or     (b) obtaining, exchanging, or receiving any thing or item of value or an attempt to conduct any of these activities.       (3) "Facilitation" regarding transportation under Subsection (2) includes providing:   (a) travel arrangement services;     (b) payment for the costs of travel; or     (c) property that would advance an act of transportation, including a vehicle or other means of transportation, a weapon, false identification, and making lodging available, including by rent, lease, or sale.       (4) "Family member" means a person's parent, grandparent, sibling, or any other person related to the person by consanguinity or affinity to the second degree.    Amended by Chapter 196, 2013 General SessionAmended by Chapter 278, 2013 General Session
UT Code § 76-5-308 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 3 - Kidnapping, Trafficking, and Smuggling|Section 308 - Human trafficking -- Human smuggling.

 Effective 5/12/2020  76-5-308. Human trafficking -- Human smuggling.    (1) An actor commits human trafficking for labor or sexual exploitation if the actor recruits, harbors, transports, obtains, patronizes, or solicits a person through the use of force, fraud, or coercion, which may include:   (a) threatening serious harm to, or physical restraint against, that person or a third person;     (b) destroying, concealing, removing, confiscating, or possessing any passport, immigration document, or other government-issued identification document;     (c) abusing or threatening abuse of the law or legal process against the person or a third person;     (d) using a condition of a person being a debtor due to a pledge of the debtor's personal services or the personal services of a person under the control of the debtor as a security for debt where the reasonable value of the services is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined;     (e) using a condition of servitude by means of any scheme, plan, or pattern intended to cause a person to believe that if the person did not enter into or continue in a condition of servitude, that person or a third person would suffer serious harm or physical restraint, or would be threatened with abuse of legal process; or     (f) creating or exploiting a relationship where the person is dependent on the actor.       (2)   (a) Human trafficking for labor includes any labor obtained through force, fraud, or coercion as described in Subsection (1).     (b) Human trafficking for sexual exploitation includes all forms of commercial sexual activity, which may include the following conduct when the person acts under force, fraud, or coercion as described in Subsection (1):   (i) sexually explicit performance;     (ii) prostitution;     (iii) participation in the production of pornography;     (iv) performance in strip clubs; and     (v) exotic dancing or display.         (3) A person commits human smuggling by transporting or procuring the transportation for one or more persons for a commercial purpose, knowing or having reason to know that the person or persons transported or to be transported are not:   (a) citizens of the United States;     (b) permanent resident aliens; or     (c) otherwise lawfully in this state or entitled to be in this state.      Amended by Chapter 108, 2020 General Session
UT Code § 76-5-308.5 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 3 - Kidnapping, Trafficking, and Smuggling|Section 308.5 - Human trafficking of a child -- Penalties.

 Effective 5/12/2020  76-5-308.5. Human trafficking of a child -- Penalties.    (1) "Commercial sexual activity with a child" means any sexual act with a child, on account of which anything of value is given to or received by any person.     (2) An actor commits human trafficking of a child if the actor recruits, harbors, transports, obtains, patronizes, or solicits a child for sexual exploitation or forced labor.     (3)   (a) Human trafficking of a child for labor includes any labor obtained through force, fraud, and coercion as described in Section 76-5-308.     (b) Human trafficking of a child for sexual exploitation includes all forms of commercial sexual activity with a child, including sexually explicit performance, prostitution, participation in the production of pornography, performance in a strip club, and exotic dancing or display.       (4) Human trafficking of a child in violation of this section is a first degree felony.    Amended by Chapter 108, 2020 General Session
UT Code § 76-5-309 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 3 - Kidnapping, Trafficking, and Smuggling|Section 309 - Human trafficking and human smuggling -- Penalties.

 Effective 5/5/2021  76-5-309. Human trafficking and human smuggling -- Penalties.    (1) Human trafficking for labor and human trafficking for sexual exploitation are each a second degree felony, except under Section 76-5-310.     (2) Human smuggling under Section 76-5-308 of one or more persons is a second degree felony, except under Section 76-5-310.     (3) Human trafficking for labor or for sexual exploitation, human trafficking of a child, and human smuggling are each a separate offense from any other crime committed in relationship to the commission of either of these offenses.     (4) Under circumstances not amounting to aggravated sexual abuse of a child, a violation of Subsection 76-5-404.1(4)(h), a person who benefits, receives, or exchanges anything of value from knowing participation in:   (a) human trafficking for labor or for sexual exploitation in violation of Section 76-5-308 is guilty of a second degree felony;     (b) human smuggling is guilty of a third degree felony; and     (c) human trafficking of a child is guilty of a first degree felony.       (5) A person commits a separate offense of human trafficking, human trafficking of a child, or human smuggling for each person who is smuggled or trafficked under Section 76-5-308, 76-5-308.5, or 76-5-310.    Amended by Chapter 241, 2021 General Session
UT Code § 76-5-310 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 3 - Kidnapping, Trafficking, and Smuggling|Section 310 - Aggravated human trafficking and aggravated human smuggling -- Penalties.

 Effective 5/5/2021  76-5-310. Aggravated human trafficking and aggravated human smuggling -- Penalties.    (1) An actor commits aggravated human trafficking for labor or sexual exploitation or aggravated human smuggling if, in the course of committing an offense under Section 76-5-308, the offense:   (a) results in the death of the trafficked or smuggled person;     (b) results in serious bodily injury of the trafficked or smuggled person;     (c) involves:   (i) rape under Section 76-5-402;     (ii) rape of a child under Section 76-5-402.1;     (iii) object rape under Section 76-5-402.2;     (iv) object rape of a child under Section 76-5-402.3;     (v) forcible sodomy under Section 76-5-403;     (vi) sodomy on a child under Section 76-5-403.1;     (vii) aggravated sexual abuse of a child under Section 76-5-404.1; or     (viii) aggravated sexual assault under Section 76-5-405;       (d) involves 10 or more victims; or     (e) involves a victim trafficked for longer than 30 consecutive days.       (2) An actor commits aggravated human smuggling if the actor commits human smuggling under Section 76-5-308 and any human being whom the person engages in smuggling is:   (a) a child; and     (b) not accompanied by a family member who is 18 years of age or older.       (3)   (a) Aggravated human trafficking is a first degree felony.     (b) Aggravated human smuggling is a first degree felony.     (c) Aggravated human trafficking and aggravated human smuggling are each a separate offense from any other crime committed in relationship to the commission of either of these offenses.      Amended by Chapter 241, 2021 General Session
UT Code § 76-5-311 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 3 - Kidnapping, Trafficking, and Smuggling|Section 311 - Human trafficking of a vulnerable adult -- Penalties.

 Effective 5/12/2020  76-5-311. Human trafficking of a vulnerable adult -- Penalties.    (1) As used in this section:   (a) "Commercial sexual activity with a vulnerable adult" means any sexual act with a vulnerable adult for which anything of value is given to or received by any individual.     (b) "Vulnerable adult" means the same as that term is defined in Subsection 76-5-111(1).       (2) An actor commits human trafficking of a vulnerable adult if the actor:   (a) recruits, harbors, transports, or obtains a vulnerable adult for sexual exploitation or forced labor; or     (b) patronizes or solicits a vulnerable adult for sexual exploitation or forced labor when the actor knew or should have known of the victim's vulnerability.       (3)   (a) Human trafficking of a vulnerable adult for labor includes any labor obtained through force, fraud, or coercion as described in Section 76-5-308.     (b) Human trafficking of a vulnerable adult for sexual exploitation includes all forms of commercial sexual activity with a vulnerable adult involving:   (i) sexually explicit performances;     (ii) prostitution;     (iii) participation in the production of pornography;     (iv) performance in a strip club; or     (v) exotic dancing or display.         (4) Human trafficking of a vulnerable adult in violation of this section is a first degree felony.    Amended by Chapter 108, 2020 General Session