Our state’s kidnapping laws are spelled out in §21-741 of the Oklahoma criminal statutes. According to this law, kidnapping is any illegal abduction, seizure or confinement of another person against his or her will for any purpose, including:
- - Human trafficking (slave labor, sex trade, etc.)
- - Holding hostage for ransom
Oklahoma considers this to be a felony offense, and conviction can result in up to 20 years in prison.
Consent of a Child Under 12
A key component of the crime of kidnapping is that the victim has been taken against his or her will. However, it is important to understand that if the victim is aged 12 or younger, he or she cannot legally give consent.
In other words, even if the “victim” is your own child and comes with you willingly, you could still be charged with kidnapping if, for example, you do not have legal custody over him or her.
In fact, it is more common for a victim of kidnapping to know or have a relationship with the offender than it is for a person to be randomly kidnapped by a total stranger.