76-5-304 - Unlawful detention.
76-5-304. Unlawful detention.
(1) An actor commits unlawful detention if the actor intentionally or knowingly, withoutauthority of law, and against the will of the victim, detains or restrains the victim undercircumstances not constituting a violation of:
(a) kidnapping, Section 76-5-301;
(b) child kidnapping, Section 76-5-301.1; or
(c) aggravated kidnapping, Section 76-5-302.
(2) As used in this section, acting "against the will of the victim" includes acting withoutthe consent of the legal guardian or custodian of a victim who is a mentally incompetent person.
(3) Unlawful detention is a class B misdemeanor.
Amended by Chapter 301, 2001 General Session