Kidnapping criminal charges are filed as a felony in Oklahoma. Most people think of famous cases like Elizabeth Smart or the three girls in Ohio who recently escaped. However, these are extraordinary cases involving kidnapping criminal charges. The crime often times will be from an estranged or ex-spouse taking a child. Other forms are often holding a person against their will, but not necessarily for years. The article below will explain more about this crime and what a person may face if facing these charges.
Oklahoma’s Kidnapping Criminal Charges
Under Oklahoma’s criminal code, you can find the elements necessary to explain a kidnapping charges in §741. These are:
1—Seizing another person without the proper authority to do so. This means that you must take someone using force or flattery. However, you have no rights or authority to take the person anywhere.
2—Intention to hold that person against their will. The holding a person against their will includes sending someone across state lines to work or provide services of any kind. This means to encompass prostitution, as well as labor trafficking.
SEE MORE INFORMATION HERE ON CHILD CUSTODY.
Consequences of a Kidnapping Conviction
Oklahoma laws take these convictions very seriously. Thus, it is a felony conviction from the outset, remaining on your permanent record even after the sentence completes. Along with the designation of a felony, you will also face prison time that may reach up to 20 years per count. Some people will attempt to use the defense that the victim chose to leave with them. This is not a valid defense in the eyes of the court.
Kania Law Office Can Help
Our attorneys know that kidnapping can be a gray area at times. This is especially true in volatile custody battles. Don’t let yourself be caught up in a revenge scheme using kidnapping allegations. Let our attorneys fight for you and your rights. Get Your free phone consultation.
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