KIDNAPPING - ELEMENTS
No person may be convicted of kidnapping unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Second, seizes/confines/inveigles/decoys/kidnaps/abducts/(carries away);
Third, another person;
Fourth, with the intent to (confine that person)/(imprison that person)/(send that person out of the State)/(sell that person as a slave)/(hold that person to service): against that person's will.
Statutory Authority: 21 O.S. Supp. 2012, § 741.
Notes on Use
If the defense of consent is raised, the court should give OUJI-CR 8-59, infra.
The statutory language reads "without lawful authority," but the original Jury Instruction Commission has translated that language into the word "unlawful" in the first element. The Commission has decided that the words "without lawful authority" and "unlawful" are synonymous. The Commission has chosen to use the word "unlawful" in order to promote consistency of language among the various instructions. Moreover, the word "unlawful" is more concise. The definition of the word "unlawful" should encompass either of two concepts: (1) that the person who confines another lacks legal or domestic authority; or, (2) that the person who confines another has used fraud to induce consent to the confinement. Either lack of authority or use of fraud makes the confinement unlawful. R. Perkins, Criminal Law 182 (2d ed. 1969). See Williams v. State, 1953 OK CR 41, 255 P.2d 532, overruled on other grounds, Parker v. State, 1996 OK CR 19, ¶ 23, n.4, 917 P.2d 980, 986 n.4.
The second element lists the activities prohibited by the kidnapping statute. Inveiglement, is illustrated by Ratcliff v. State, 1955 OK CR 110, 289 P.2d 152 (12-year-old girl enticed into a car by a man whom she thought to be a friend who would take her to a football game). See also Williams, supra (young boy enticed into a car by man who requested the youth's aid in locating a third person).
Even though a person unlawfully confines another, the crime of kidnapping has not been committed unless the accused has the specific mens rea of the crime. The gist of the offense created by section 741 is one of the four alternative mens rea requirements set forth by the statute. Perry v. State, 1993 OK CR 5, ¶ 13, 853 P.2d 198, 202 (analyzing "hold to service" provision); Jenkins v. State, 1973 OK CR 165, 508 P.2d 660; Oglesby v. State, 1966 OK CR 34, 411 P.2d 974; Vandiver v. State, 1953 OK CR 130, 261 P.2d 617.