76-5-302. Aggravated kidnapping.
(1) As used in this section, "in the course of committing unlawful detention or kidnapping" means in the course of committing, attempting to commit, or in the immediate flight after the attempt or commission of a violation of: Section, kidnapping; or 76-5-301 Section, unlawful detention. 76-5-304 Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor commits aggravated kidnapping if the actor, in the course of committing unlawful detention or kidnapping: uses or threatens to use a dangerous weapon; or acts with the intent to: hold the victim for ransom or reward, as a shield or hostage, or to compel a third person to engage in particular conduct or to forbear from engaging in particular conduct; facilitate the commission, attempted commission, or flight after commission or attempted commission of a felony; hinder or delay the discovery of or reporting of a felony; inflict bodily injury on or to terrorize the victim or another individual; interfere with the performance of any governmental or political function; or commit a sexual offense as described in, other than Section,,, or. Title 76, Chapter 5, Part 4, Sexual Offenses 76-5-417 76-5-418 76-5-419 76-5-420
(3) A violation of Subsectionin the course of committing unlawful detention is a third degree felony. (2) A violation of Subsectionin the course of committing kidnapping is a first degree felony. (2)
(4) An actor convicted of a violation of Subsectionshall be sentenced to imprisonment of: (3)(b) except as provided in Subsection,, or, not less than 15 years and which may be for life; (4)(b) (4)(c) (5) except as provided in Subsectionor, life without parole, if the trier of fact finds that during the course of the commission of the aggravated kidnapping the defendant caused serious bodily injury to the victim or another individual; or (4)(c) (5) life without parole, if the trier of fact finds that at the time of the commission of the aggravated kidnapping, the defendant was previously convicted of a grievous sexual offense.
(5) If, when imposing a sentence under Subsectionor, a court finds that a lesser term than the term described in Subsectionoris in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than: (4)(a) (b) (4)(a) (b) for purposes of Subsection, 15 years and which may be for life; or (4)(b) for purposes of Subsectionor: (4)(a) (b) 10 years and which may be for life; or six years and which may be for life.
(6) The provisions of Subsectiondo not apply when a defendant is sentenced under Subsection. (5) (4)(c)
(7) Subsectionsanddo not apply if the actor was younger than 18 years old at the time of the offense. (4)(b) (c)
(8) Imprisonment under Subsectionis mandatory in accordance with Section. (4) 76-3-406