The crime of kidnapping in Oklahoma City, Oklahoma is broad and can encompass a range of actions.
Although many people think of kidnapping as taking a child who is not yours, that is simply one way to commit the crime of kidnapping.
If you’ve been accused of doing any of the actions described below, you may be charged with kidnapping in Oklahoma City.
Defining Kidnapping in Oklahoma City
Each of the following is considered “kidnapping” under Oklahoma law:
1) Cause another person to be confined or imprisoned in this state against their will; or
2) Cause another person to be sent out of this state against their will; or
3) Cause another person to be sold as a slave, or in any way held to service against their will.
(Ok. Stat. Tit. 21 Sec. 741)
Note that the first and second crimes may be applicable in situations where one parent removes their child from the state where they live. Therefore, even if you have taken your own child, you may be charged with kidnapping under Oklahoma law.
The third definition of kidnapping in Oklahoma City may be charged along with the crime of human trafficking.
The Judicial Process
In order to secure a conviction of a defendant in a case of alleged kidnapping in Oklahoma City, a prosecutor must prove each of the following four elements occurred:
1) that the defendant acted unlawfully and
3) another person,
4) with the intent to either:
-confine that person
-imprison that person
-send that person out of the State
-sell that person as a slave
-hold that person to service
5) against that person’s will.
Defending a Kidnapping Charge
If the defendant can present proof that he did not either:
1) act unlawfully
2) act with intent
3) or act against that person’s will, he may be able to negate a kidnapping charge against him.
For example: 20-year-old John and 20-year-old Amy enter into an agreement to leave New York and live in Oklahoma together. Once they arrive, Amy decides she wants to leave Oklahoma, but she does not have the money to go back to New York. John doesn’t have any extra money, so he does not give Amy the money she needs to go back to New York. Amy is stuck living with John for the time being.
The state cannot successfully prosecute John for kidnapping Amy because:
1) he did not act unlawfully in agreeing to move to Oklahoma with Amy.
2) He did not intend to keep her in Oklahoma against her will, and
3) She is not being held against her will.
So, even if Amy can’t return home, she has not been kidnapped under the definition of Oklahoma law.
Penalties for Kidnapping
Anyone found guilty of kidnapping will be convicted of a felony offense and can serve up to 20 years in prison.
If the defendant also sexually assaulted the victim, he may face additional charges.
Free, No Obligation Consultation: Oklahoma City Felony Defense Attorney
A kidnapping charge is serious and is usually charged along with another crime. We provide free consultations at no cost to you. Call today for answers to your questions.
An experienced Oklahoma City felony defense attorney can help protect your interests and keep you out of jail if you’ve been charged with this crime.
Call the Criminal Defense Law Office of Oklahoma City at (405) 588-4529 (588-4LAW).
If you prefer, you may send your question using the contact form at the top right side of this page.