1. (1) It is a defense to an offense listed in Subsection (2) that:

   1. (a) the actor was acting under a reasonable belief that:

      1. (i) the conduct was necessary to protect any individual from imminent bodily injury or death; or
      2. (ii) the detention or restraint was authorized by law; or
   2. (b) the alleged victim is younger than 18 years old or is a dependent adult, as defined in Section 76-5-111, and the actor was acting under a reasonable belief that the custodian, guardian, caretaker, legal guardian, custodial parent, or person acting in loco parentis to the victim would, if present, have consented to the actor's conduct.

2. (2) The offenses referred to in Subsection (1) are:

   1. (a) kidnapping, in violation of Section 76-5-301;
   2. (b) child kidnapping, in violation of Section 76-5-301.1;
   3. (c) parental kidnapping, in violation of Section 76-5-301.2;
   4. (d) aggravated kidnapping, in violation of Section 76-5-302;
   5. (e) custodial interference, in violation of Section 76-5-303; or
   6. (f) unlawful detention and unlawful detention of a minor, in violation of Section 76-5-304.

Amended by Chapter 247, 2026 General Session