What evidence is sufficient to support an attempted kidnapping conviction in Utah? State v. Fowers Explained

In State v. Fowers, the Utah Court of Appeals examined what evidence is necessary to sustain an attempted kidnapping conviction, providing important guidance on sufficiency standards in serious felony cases.

Background and Facts

Roger Scott Fowers was driving around Salt Lake City looking for a prostitute when he encountered 14-year-old T.H. walking on Main Street. After T.H. refused his offer of a ride, Fowers pulled into a driveway entrance, blocking the sidewalk. When she again refused, Fowers exited his vehicle, grabbed T.H.’s forearm tightly, and said “I can give you a ride, just get in.” T.H. kicked him and escaped. The jury acquitted Fowers of kidnapping but convicted him of the lesser included offense of attempted kidnapping.

Key Legal Issues

The central issue was whether the State presented sufficient evidence to support the attempted kidnapping conviction. Under Utah law, attempted kidnapping requires proof that the defendant engaged in conduct constituting a substantial step toward detaining or restraining the victim that strongly corroborates intent to commit the crime.

Court’s Analysis and Holding

The Court of Appeals reviewed the district court’s denial of the motion to dismiss for correctness, applying the standard that evidence must be viewed in the light most favorable to the verdict. The court found that Fowers’s actions—blocking T.H.’s path, exiting his vehicle, physically grabbing her arm hard enough to leave marks, and commanding her to get in—constituted sufficient evidence of a substantial step toward kidnapping with corroborating intent. The court rejected Fowers’s arguments about minor inconsistencies in T.H.’s testimony, emphasizing that weighing conflicting evidence and determining witness credibility are jury functions, not appellate court prerogatives.

Practice Implications

This decision reinforces that sufficiency challenges face a high bar on appeal. Physical restraint combined with verbal commands can establish both the substantial step and intent elements for attempted kidnapping. Defense counsel should focus sufficiency arguments on whether reasonable minds must have entertained reasonable doubt rather than highlighting minor witness inconsistencies, which courts view as jury credibility determinations.