Degree

Aggravated kidnapping (domestic violence) is a 1^st degree felony.

Elements

A defendant commits aggravated kidnapping (domestic violence) if they, in the course of committing unlawful detention or kidnapping: possesses, uses or threatens to use a dangerous weapon; or acts with intent:

• 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;
• to facilitate the commission, attempted commission, or flight after commission or attempted commission of a felony;
• to hinder or delay the discovery of or reporting of a felony;
• to inflict bodily injury on or to terrorize the victim or another;
• to interfere with the performance of any governmental or political function;
• or to commit a sexual offense as described in Title 76, Chapter 5, Part 4, Sexual Offenses.

Fine

1^st 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)

Restitution

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

Imprisonment

Imprisonment is mandatory for aggravated kidnapping (domestic violence).
(Utah Code Ann. §76-5-302(6))

Not less than 15 years and which may be for life. However, if the judge finds that a lesser term is in the interest of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

• 10 years and which may be for life; or
• 6 years and which may be for life

Life without parole, if the judge finds that during the course of the commission of the aggravating kidnapping the defendant caused serious bodily injury to another. However, if the judge finds that a lesser term is in the interest of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

• 15 years and which may be for life; or
• 10 years and which may be for life; or
• 6 years and which may be for life

Life without parole, if the judge finds that at the time of the commission of the aggravating kidnapping the defendant was previously convicted of a grievous sexual offense.

Enhancement: If the Utah Courts find that a dangerous weapon was used in the commission of a felony, the minimum sentence will be increased by one year. (A minimum sentence of 0 years becomes a minimum of 1 year). Additionally, the maximum sentence for a 2^nd or 3^rd degree felony may be increased by 5 years.
(Utah Code Ann. §76-3-203.8(2))

Bail

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 1^st degree felony aggravated kidnapping (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

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