Kidnapping Crimes in Rogers County are charged by the District attorneys office. The elements of the crime must all be proven before the State is be able to get its conviction. This article illustrates the crime of kidnapping and some facts used as the basis for the charge. In January of 2017, a door-to-door saleswoman faced a kidnapping charge. The woman was invited into one of the homes she visited while on her sales route. The homeowner blocked the woman inside the home for over an hour and began a rant about religion. During this time, the homeowner undressed. When the saleswoman finally escaped, the nude homeowner chased the woman down the street. The saleswoman filed attempted kidnapping charges. This article helps explain the elements of the crime of kidnapping in Oklahoma, and the penalties an offender may face if convicted .
Definition of Kidnapping in Rogers County
Oklahoma’s Criminal Code is under Title 21 of the statutes. Kidnapping crimes are in §741. The elements to this crime include:
- Taking another person without the authority to;
- Using flattery, deceit, imprisonment, or seizing them; and
- With intentions to hold the person against their will.
Penalties for Kidnapping
Oklahoma law is relatively strict regarding kidnappers. It is a felony offense. Thus, it is a conviction that remains on your permanent public record.
Moreover, you are facing prison time and potential restitution. As a result, you could face up to 20 years in jail. This is true for each count of kidnapping you receive a conviction on.
Read this; RELOCATING WITH A CHILD AFTER DIVORCE
It is important to note that a minor under the age of 12 cannot consent to go with you. Therefore, you could face these charges for taking a child under 12 even if the child wants to go. However, if the victim is over 12 and consents to leave with you, they must not go under duress or threat. If they do, you have no valid defense of consent.
Claremore Criminal Attorneys Can Help
Our criminal defense attorneys in Rogers County understand that sometimes what appears to be a crime is nothing more then the State overreaching in what it feels was criminal. Kidnapping charges require that the State meet its burden of proof on each and every elements of the crime. If they fail to do this then they’ve failed to meet their burden and the case will be dismissed. Effective legal representation understands this and will look at each defense or others factors that mitigate the criminal charge. Get a FREE consultation today 918.379.4872
