Oklahoma vKidnaping-Defense of Consent is a legal defense to the charge of kidnapping in Oklahoma. This defense is based on the premise that the victim freely and voluntarily consented to accompany the defendant, and was not taken against his or her will. To successfully use this defense, the defendant must prove that the victim consented to the movement and that the victim was not deprived of his or her liberty. If the defendant can establish these facts, then the charge of kidnapping is not proven and the defendant will be acquitted. There are two types of Oklahoma vKidnaping-Defense of Consent: implied consent and express consent. Implied consent occurs when the victim’s conduct and words show that he or she willingly accompanied the defendant. Express consent is when the victim explicitly agrees to accompany the defendant.
Oklahoma vKidnaping-Defense of Consent
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FAQ
Kidnapping in Oklahoma is a felony, punishable by up to 20 years in prison. If the kidnapping involved sexual abuse or exploitation, the offender will be mandated to post-imprisonment supervision once he or she is released from prison.
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.
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.
Under 18 USC 1201, a person is guilty of kidnapping who "unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person."
DEFENSES: Good Faith Belief in Consent - If the defendant reasonably and actually believed that the person consented to the movement, then the defendant is NOT guilty of kidnapping. Consent Given - If the other person consented to go with the defendant, then the defendant is Not Guilty of kidnapping.
The Stockholm Syndrome is the positive bonding that hostages often develop with their captors. This bonding may be the result of an effort to deal with the anxiety and stress caused by being taken captive. The body goes through three stages in its reaction to stress: alarm, resistance, and exhaustion.
Kidnapping Elements In most jurisdictions, kidnapping has the elements of criminal act, criminal intent, causation, harm, and an attendant circumstance.
Unless your custody order specifically says a parent cannot leave the state with the child, the other parent may be able to do so during his/her time with the child.