Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 143 First Substitute (2023GS)

Sponsor

Rep. Hawkins, J.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms; and
• makes it a crime for a parent without visitation or custody rights to interfere with custody of a child.

Every vote on this bill

Bill text

PARENTAL KIDNAPPING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jon Hawkins
Senate Sponsor: 
Stephanie Pitcher
LONG TITLE
General Description:
This bill enacts provisions relating to parental kidnapping.
Highlighted Provisions:
This bill:
▸ defines terms; and
▸ makes it a crime for a parent without visitation or custody rights to interfere with
custody of a child.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-5-301.2
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-5-301.2
 is enacted to read:
 76-5-301.2.
Parental kidnapping.
 (1) (a) As used in this section:
(i) "Child" means an individual under 18 years old.
(ii) "Custody" means court-ordered physical custody of a child entered by a court.
(iii) "Parent" means an individual:
(A) recognized as a biological parent or adoptive parent; or
(B) that has established a parent-child relationship under Section 
78B-15-201
.
(iv) "Parent-time" means court-ordered parent-time or visitation entered by a court.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) A parent commits parental kidnapping of the parent's child if the parent:
(a) takes, entices, conceals, detains, or withholds the child from an individual entitled
to custody of the child;
(b) intends to interfere with the custody of the child; and
(c) (i) has never had a right to physical custody of the child;
(ii) has never been granted parent-time with the child;
(iii) has had all rights to physical custody of the child terminated by a court; or
(iv) at the time of the parent's action under Subsection (2)(a), had parent-time with the
child terminated or suspended by a court.
(3) (a) A violation of Subsection (2) is a third degree felony.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree
felony if, during the course of parental kidnapping, the parent removes, causes the removal, or
directs the removal of the child from the state.
(4) In addition to the affirmative defenses described in Section 
76-5-305
, it is an
affirmative defense to the crime of parental kidnapping that:
(a) the parent acted under a reasonable belief that the action described in Subsection
(2)(a) was:
(i) necessary to protect the child from imminent serious bodily injury, or death;
(ii) authorized by law; or
(iii) taken with the consent of:
(A) the individual entitled to custody of the child; or
(B) a custodian, guardian, caretaker, or other individual lawfully acting in place of the
individual entitled to custody of the child; or
(b) (i) the parent acted under a reasonable belief that the action described in Subsection
(2)(a) was necessary to protect the child from abuse, including sexual abuse; and
(ii) before taking the action described in Subsection (2)(a), the parent reports to law
enforcement the parent's intention to engage in the action and the basis for the parent's belief
described in Subsection (4)(b)(i).