Any person who, without lawful authority, seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away another, with intent, either: 1. To cause such other person to be confined or imprisoned in this state against the will of the other person; or 2. To cause such other person to be sent out of this state against the will of the other person; or 3. To cause such person to be sold as a slave, or in any way held to service against the will of such person, shall be guilty of a Class B2 felony offense punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding twenty (20) years. Upon any trial for a violation of this section, the consent thereto of the person kidnapped or confined, shall not be a defense, unless it appears satisfactorily to the jury, that such person was above the age of twelve (12) years, and that such consent was not extorted by threat, or by duress. Except for persons sentenced to life or life without parole, on and after the effective date of this act, any person sentenced to imprisonment for a violation of this section and the offense involved sexual abuse or sexual exploitation, shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.
R.L.1910, § 2374. Amended by Laws 1997, c. 133, § 237, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 141, eff. July 1, 1999; Laws 2004, c. 275, § 3, eff. July 1, 2004; Laws 2007, c. 261, § 4, eff. Nov. 1, 2007; Laws 2009, c. 444, § 1, eff. July 1, 2009; Laws 2012, c. 92, § 1, eff. Nov. 1, 2012; Laws 2025, c. 486, § 69, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 237 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Hawkins v. Gibson, 291 F.3d 658 (10th Cir. 2002).
· cites it 2× “Yet, interpreting the first-degree felony murder statute to include only kidnapping under § 741, and not kidnapping for extortion under § 745, reaches the irrational result that the lesser kidnapping offense could support a capital murder conviction, while the greater offense,…”
Thompson v. State, 2019 OK CR 3 (Okla. Crim. App. 2019).
· cites it 3× “2011, §§ 1114 & 1115, one count of Aggravated Assault and Battery (Count 5) in violation of 21 O.”
Charm v. State, 924 P.2d 754 (Okla. Crim. App. 1996).
· cites it 2× “1991, § 1114(A)(3) (Count II), and Kidnapping, After Former Conviction of Two or More Felonies in violation of 21 O.S.1991, § 741 (Count IV). [1] The jury found the existence of the following three aggravators: that the murder was committed to avoid lawful arrest or prosecution;…”
Hain v. State, 919 P.2d 1130 (Okla. Crim. App. 1996).
· cites it 2× “), two counts of Kidnapping (21 O.S.1981, § 741), two counts of Robbery with a Firearm (21 O.”
Wadkins v. State, 2022 OK CR 2 (Okla. Crim. App. 2022).
· cites it 2× “2011, §§ 1114 21 O.S.Supp.2012, § 741 1. Jurisdiction ¶2 We must decide whether Wadkins sufficiently demonstrated he qualifies as Indian and thus was not subject to the jurisdiction of Oklahoma's courts.”
Perry v. State, 893 P.2d 521 (Okla. Crim. App. 1995).
· cites it 2× “7, and Kidnapping, in violation of 21 O.S.1981, § 741. The State filed a Bill of Particulars seeking the death penalty for the *524 murder charge.”
Perry v. State, 853 P.2d 198 (Okla. Crim. App. 1993).
· cites it 3× “To cause such other person to be secretly confined or imprisoned in this state against his will; or, Second.”
Johnson v. State, 556 P.2d 1285 (Okla. Crim. App. 1976).
· cites it 2× “F-75-176 and F-75-178, for the offenses of Kidnapping, After Former Conviction of a Felony, in violation of 21 O.S.1971, § 741. In Case No. F-75-176, the kidnapping of Kim Thomas, the jury returned a verdict fixing the defendant’s punishment at twenty-five (25) years…”
Richie v. State, 908 P.2d 268 (Okla. Crim. App. 1995).
· cites it 2× “Therefore, the trial court lacked jurisdiction to try appellant for First Degree Felony Murder based on kidnapping because nothing in the Information explained either the elements of the crime of kidnapping under 21 O.S.1991, § 741, or any particular facts relied on to establish…”
Green v. State, 713 P.2d 1032 (Okla. Crim. App. 1985).
“See 21 O.S.1981, § 741(3). It is clear that the State failed to prove this aggravating circumstance, as it related to Parker.”
— Okla. Stat. tit. 21, § 741(1) — 2 cases
Perry v. State, 853 P.2d 198 (Okla. Crim. App. 1993).
“To cause such other person to be secretly confined or imprisoned in this state against his will; or, Second.”
— Okla. Stat. tit. 21, § 741(3) — 4 cases
Green v. State, 713 P.2d 1032 (Okla. Crim. App. 1985).
“See 21 O.S.1981, § 741(3). It is clear that the State failed to prove this aggravating circumstance, as it related to Parker.”
Perry v. State, 853 P.2d 198 (Okla. Crim. App. 1993).
“To cause such other person to be secretly confined or imprisoned in this state against his will; or, Second.”
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