Kidnapping is not limited to physically abducting someone and carrying them off against their will. It can be as broad as acts of deception that lure a person away, or acts of unlawfully detaining someone against their will, such that they become hostages. Kidnapping often blurs with child custody cases where a parent takes their child out of state without the legal right to do so. Kidnapping is a very serious charge; however, by definition it can include a wide range of offenses that are very far from the typical abduction scenario.
The statute for Kidnapping is OKLA. STAT. tit. 21 § 741, which states that “Any person who, without lawful authority, seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away another, with intent, either: To cause such other person to be confined or imprisoned in this state against the will of the other person; or To cause such other person to be sent out of this state against the will of the other person; or To cause such person to be sold as a slave, or in any way held to service against the will of such person; shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding twenty (20) years. Upon any trial for a violation of this section, the consent thereto of the person kidnapped or confined, shall not be a defense, unless it appears satisfactorily to the jury, that such person was above the age of twelve (12) years, and that such consent was not extorted by threat, or by duress.”
Elements of the Crime
In order to be convicted of Kidnapping in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
2) seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away;
3) another person;
4) with the intent to confine that person, imprison that person, sent that person out of the State, sell that person as a slave, or hold that person to service, against that person’s will.
Oklahoma Jury Instruction #4-110.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Kidnapping in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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