Kidnapping is a crime that news outlets and Hollywood sensationalizes for audiences.  However, it is more common than many people realize.  For instance, approximately 203,000 children face kidnapping annually.  This is only children, and does not include adults or college students.  As you can imagine, this crime affects people in a devastating way whether they are the victim, wrongly accused, or an actual offender.

Kidnapping Under the Law

Most criminal acts in Oklahoma are under Title 21.  Kidnapping is under Title 21 § 741.  It provides a list of several elements that must exist for a crime to truly be a kidnapping.   These include:

1. Taking someone without legal authority to do so. Generally, you must imprison or seize someone.  However, you may use flattery to manipulate a person into going with you as well.  This can include taking a child or minor who is or is not willing to go with you.
2. Intentions of holding the person against their will. So, if you imprison or threaten a person from leaving or send a person across state lines for services, you are kidnapping them.  The services across state lines usually refer to acts of prostitution, but may also be labor trafficking.

FACING DOMESTIC ASSAULT AND BATTERY CHARGES TOO?  Wagoner Attorney BLOG .

Penalties for Kidnapping in Oklahoma

Oklahoma considers kidnapping a serious offense.  Thus, it is automatically a felony crime.  As a result, any conviction will remain on your permanent record even after you complete a sentence.  The sentencing for these offenders includes substantial jail time.  In fact, you are looking at a potential 20 years or more imprisonment.  Willingness of the victim to go with you is not a defense the courts will recognize and will not help you at trial, unless the victim is over the age of 12.  However, you must also show the victim does not stay with you due to threats, duress, or coercion.

Wagoner Criminal Attorneys

Kidnapping is a serious charge that we highly recommend you hire an attorney to fight.  Oftentimes, in heated custody battles, these will be a charge brought by one parent or another.  Other situations may arise also.  If you face these charges, call our offices for a free consultation.  We understand the gravity of a 20 year prison sentence, and will fight for you. Free Consultation 918.283.7394