Oklahoma Kidnapping - Definitions

State:
Oklahoma
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OK-JURY-OUJI-CR-4-114
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Kidnapping - Definitions
Oklahoma Kidnapping — Definitions: 1. First Degree Kidnapping: This type of kidnapping is defined by the Oklahoma statutes as the unlawful and forcible taking, confining, abducting, or carrying away of another person, with the intent to: (1) hold such other person for ransom, or (2) use such other person as a shield or hostage, or (3) inflict bodily harm upon or terrorize the victim or another person, or (4) interfere with the performance of any governmental or political function. 2. Second Degree Kidnapping: This type of kidnapping is defined by the Oklahoma statutes as the unlawful and forcible taking, confining, abducting, or carrying away of another person, with the intent to: (1) commit or facilitate the commission of a felony, (2) inflict bodily harm upon or terrorize the victim or another person, or (3) interfere with the performance of any governmental or political function. 3. Third Degree Kidnapping: This type of kidnapping is defined by the Oklahoma statutes as the unlawful and forcible taking, confining, abducting, or carrying away of another person, with the intent to: (1) commit or facilitate the commission of a misdemeanor, or (2) commit or facilitate the commission of a theft or robbery, or (3) inflict bodily harm upon or terrorize the victim or another person.

Oklahoma Kidnapping — Definitions: 1. First Degree Kidnapping: This type of kidnapping is defined by the Oklahoma statutes as the unlawful and forcible taking, confining, abducting, or carrying away of another person, with the intent to: (1) hold such other person for ransom, or (2) use such other person as a shield or hostage, or (3) inflict bodily harm upon or terrorize the victim or another person, or (4) interfere with the performance of any governmental or political function. 2. Second Degree Kidnapping: This type of kidnapping is defined by the Oklahoma statutes as the unlawful and forcible taking, confining, abducting, or carrying away of another person, with the intent to: (1) commit or facilitate the commission of a felony, (2) inflict bodily harm upon or terrorize the victim or another person, or (3) interfere with the performance of any governmental or political function. 3. Third Degree Kidnapping: This type of kidnapping is defined by the Oklahoma statutes as the unlawful and forcible taking, confining, abducting, or carrying away of another person, with the intent to: (1) commit or facilitate the commission of a misdemeanor, or (2) commit or facilitate the commission of a theft or robbery, or (3) inflict bodily harm upon or terrorize the victim or another person.

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FAQ

The crime of child abduction requires that the following elements exist: The defendant maliciously took, enticed, withheld or concealed a child from his or her lawful custodian. The child was under 18 years old. The defendant did not have a right to custody of the child when he or she acted.

In sum, to be guilty of Kidnapping under CPC §207(a), the prosecution must prove that: You took or held someone through force or fear; AND, You moved, or made the person move, a substantial distance; AND, The other person didn't consent; AND, You didn't actually believe the person consented.

Kidnapping Elements In most jurisdictions, kidnapping has the elements of criminal act, criminal intent, causation, harm, and an attendant circumstance.

In sum, to be guilty of Kidnapping under CPC §207(a), the prosecution must prove that: You took or held someone through force or fear; AND, You moved, or made the person move, a substantial distance; AND, The other person didn't consent; AND, You didn't actually believe the person consented.

The two key elements of kidnapping are unlawful taking of the victim and a nefarious motive like obtaining a ransom. The intent of the kidnapper is a decisive element in the crime of kidnapping. The physical taking or removal of a person from his/her home by the use of force, fraud, or coercion amounts to kidnapping.

Definition. A crime at common law consisting of an unlawful restraint of a person's liberty by force or show of force so as to send the victim into another country. Under modern law, this crime will usually be found where the victim is taken to another location or concealed.

In Oklahoma, the crime of parental kidnapping occurs if a parent takes a child from Oklahoma to another state or country without the other parent's permission or another person legally responsible for the child. Kidnapping is also a violation of an Oklahoma custody order.

A critical difference between false imprisonment and kidnapping is that kidnapping must include transporting the victim a substantial distance using fear for forced compliance.

More info

In general, kidnapping is defined as removing or confining an individual against their will without the legal authority to do so. To kidnap is to steal a person, or to hold someone as a prisoner until a ransom is paid.OTHER WORDS FOR kidnap. Kidnapping is a widely known felony that may be described as the seizing and carrying away of another person against his or her will. It can be a state or federal crime. What Is the Definition of Kidnapping? What is the Definition of Kidnapping? The criminal act element required for kidnapping is twofold. Abduction charges are usually issued when the parent is not the one with full custody and refuses to return the child. The terms "abduction" and "kidnapping" shall be synonymous in this Code.

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Oklahoma Kidnapping - Definitions