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KIDNAPPING, TRAFFICKING, HARASSMENT AND COERCION Revised

This subchapter is included in your selections.
This section is included in your selections.

A. As used in this section, “inveigle” means to persuade someone to do something by means of deception or flattery.

B. Any person who, without lawful authority, forcibly seizes and confines another, or detains or kidnaps another, shall be guilty of committing the criminal offense of kidnapping if such seizure is committed with the intent either:

1. To cause such other person to be confined or imprisoned within the Osage Nation Reservation against the will of the other person; or

2. To cause such other person to be confined within the Osage Nation Reservation with the intent of sending the person outside the Osage Nation Reservation 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.

C. Any person convicted of committing the criminal offense of kidnapping shall be guilty of a crime punishable by a term of imprisonment in the Tribal Jail not to exceed three years, and by a fine of up to Fifteen Thousand Dollars ($15,000.00), or by banishment for a period not less than five years nor more than ten (10) years, or any combination of the above.

D. 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 (or judge in a bench trial) that such person was above the age of sixteen (16) years, and that such consent was not extorted by threat, or by duress.

E. Every offense prohibited in this section may be tried in the Osage Nation Tribal Court if the crime may have been committed on the Osage Nation Reservation or in the Osage Nation Tribal Court if the person so seized, confined, inveigled or kidnapped shall have been taken, carried, or brought into the Osage Nation Reservation. ONCA 22-33, eff. Apr. 25, 2022.