ST. GEORGE —With a goal to protect children, a bill that hopes to clarify the terms of custodial interference and kidnapping has passed both the Senate and the House and is on its way to the governor’s desk.
The parental kidnapping amendments bill, officially designated as HB 143 in the 2023 Utah Legislature, makes it a crime for a parent without visitation rights or custody to interfere with the custody of a child. On Feb. 9, day 24 of the 2023 Senate general session, the bill passed unanimously and garnered much support from law enforcement.
“Most Amber Alerts that people get are parents who’ve had their parental rights terminated that take the kids, so this bill is really important to protect those children,” Will Carlson, Deputy District Attorney and Chief Policy Adviser with the Salt Lake County District Attorney’s Office previously told St. George News.
Carlson said kidnapping is its own statute that has a defense if the parent gives permission, but there will now be a distinction that the parent must have custody or visitation rights. The bill fills the gap by making it an offense for a parent who does not have custody or visitation to be charged with kidnapping.
“A parent whose custody is terminated still can’t commit kidnapping, because they’re the kid’s parent, they just don’t have legal rights to the kid,” Carlson said about the current law. “The goal of the bill is to create something between kidnapping and custodial interference for those situations.”
In addition, the parental kidnapping offense will now be a second-degree felony if the parent also removes the child from the state.
The bill also adds language stating it is an affirmative defense to the crime of parental kidnapping if the parent is under a reasonable belief that the action is necessary to protect the child from imminent serious bodily injury, death or to protect from child abuse, including sexual abuse.
For more information on HB 143, see this article.
Check out all of St. George News’ coverage of the 2023 Utah Legislature here.
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