Call David Lesh today at 503.546.2928 if you need an experienced attorney to assist you with an Oregon kidnapping charge.

Former prosecutor dedicated to criminal defense.
More than 24 years as an Oregon attorney.
Call today for a no cost consultation.
(503) 546-2928

THE OREGON CRIMINAL LAW GUIDE

MAIN PAGE OREGON KIDNAPPING LAWYER OREGON BALLOT MEASURE 11 GUIDE OREGON ASSAULT GUIDE
"I defend people facing felony kidnapping and related charges in the State of Oregon."

OREGON KIDNAPPING AND CUSTODIAL INTERFERENCE OFFENSES

   ORS 163.215 Definitions for ORS 163.215 to 163.257. As used in ORS 163.215 to 163.257, unless the context requires otherwise:

   (1) “Without consent” means that the taking or confinement is accomplished by force, threat or deception, or, in the case of a person under 16 years of age or who is otherwise incapable of giving consent, that the taking or confinement is accomplished without the consent of the lawful custodian of the person.

   (2) “Lawful custodian” means a parent, guardian or other person responsible by authority of law for the care, custody or control of another.

   (3) “Relative” means a parent, ancestor, brother, sister, uncle or aunt. [1971 c.743 §97]

   ORS 163.225 Kidnapping in the second degree. [Known as Kidnapping II or Kidnapping 2] (1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent or legal authority, the person:

   (a) Takes the person from one place to another; or

   (b) Secretly confines the person in a place where the person is not likely to be found.

   (2) It is a defense to a prosecution under subsection (1) of this section if:

   (a) The person taken or confined is under 16 years of age;

   (b) The defendant is a relative of that person; and

   (c) The sole purpose of the person is to assume control of that person.

   (3) Kidnapping in the second degree is a Class B felony. [1971 c.743 §98; 2005 c.22 §111]

POSSIBLE SENTENCE
Prison Usually 70 months

   ORS 163.235 Kidnapping in the first degree. [Known as Kidnapping I or Kidnapping 1] (1) A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes:

   (a) To compel any person to pay or deliver money or property as ransom;

   (b) To hold the victim as a shield or hostage;

   (c) To cause physical injury to the victim;

   (d) To terrorize the victim or another person; or

   (e) To further the commission or attempted commission of any of the following crimes against the victim:

   (A) Rape in the first degree, as defined in ORS 163.375 (1)(b);

   (B) Sodomy in the first degree, as defined in ORS 163.405 (1)(b); or

      (C) Unlawful sexual penetration in the first degree, as defined in ORS 163.411 (1)(b).

      (2) Kidnapping in the first degree is a Class A felony. [1971 c.743 §99; 2005 c.22 §112; 2009 c.660 §43]

POSSIBLE SENTENCE
Prison Usually 90  months

   ORS 163.245 Custodial interference in the second degree. (1) A person commits the crime of custodial interference in the second degree if, knowing or having reason to know that the person has no legal right to do so, the person takes, entices or keeps another person from the other person’s lawful custodian or in violation of a valid joint custody order with intent to hold the other person permanently or for a protracted period.

   (2) Expenses incurred by a lawful custodial parent or a parent enforcing a valid joint custody order in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are “economic damages” for purposes of restitution under ORS 137.103 to 137.109.

   (3) Custodial interference in the second degree is a Class C felony. [1971 c.743 §100; 1981 c.774 §1; 1987 c.795 §7; 2005 c.564 §6]

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes
Prison Sometimes

    ORS 163.257 Custodial interference in the first degree. (1) A person commits the crime of custodial interference in the first degree if the person violates ORS 163.245 and:

   (a) Causes the person taken, enticed or kept from the lawful custodian or in violation of a valid joint custody order to be removed from the state; or

   (b) Exposes that person to a substantial risk of illness or physical injury.

   (2) Expenses incurred by a lawful custodial parent or a parent enforcing a valid joint custody order in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are “economic damages” for purposes of restitution under ORS 137.103 to 137.109.

   (3) Custodial interference in the first degree is a Class B felony. [1971 c.743 §101; 1981 c.774 §2; 1987 c.795 §8; 2005 c.564 §7]

 

POSSIBLE SENTENCE
Probation Usually
Jail Usually
Prison Sometimes

   ORS 163.263 Subjecting another person to involuntary servitude in the second degree. (1) A person commits the crime of subjecting another person to involuntary servitude in the second degree if the person knowingly and without lawful authority forces or attempts to force the other person to engage in services by:

   (a) Abusing or threatening to abuse the law or legal process;

   (b) Destroying, concealing, removing, confiscating or possessing an actual or purported passport or immigration document or another actual or purported government identification document of a person;

   (c) Threatening to report a person to a government agency for the purpose of arrest or deportation;

   (d) Threatening to collect an unlawful debt; or

   (e) Instilling in the other person a fear that the actor will withhold from the other person the necessities of life, including but not limited to lodging, food and clothing.

   (2) Subjecting another person to involuntary servitude in the second degree is a Class C felony. [2007 c.811 §3]

POSSIBLE SENTENCE
Probation Sometimes
Jail Usually
Prison Sometimes

 

   ORS 163.264 Subjecting another person to involuntary servitude in the first degree. (1) A person commits the crime of subjecting another person to involuntary servitude in the first degree if the person knowingly and without lawful authority forces or attempts to force the other person to engage in services by:

   (a) Causing or threatening to cause the death of or serious physical injury to a person; or

   (b) Physically restraining or threatening to physically restrain a person.

   (2) Subjecting another person to involuntary servitude in the first degree is a Class B felony. [2007 c.811 §2]

POSSIBLE SENTENCE
Probation Sometimes
Jail Yes, or . . .
Prison Sometimes

 

   ORS 163.266 Trafficking in persons. (1) A person commits the crime of trafficking in persons if the person knowingly:

   (a) Recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person knowing that the other person will be subjected to involuntary servitude as described in ORS 163.263 or 163.264; or

   (b) Benefits financially or receives something of value from participation in a venture that involves an act prohibited by this section or ORS 163.263 or 163.264.

   (2) Trafficking in persons is a Class B felony. [2007 c.811 §4]

 

POSSIBLE SENTENCE
Probation Sometimes
Jail Yes, or .  .  .
Prison Sometimes

David N Lesh
Oregon Defense Lawyer
No cost initial consultation



503.546.2928
434 NW 19th Avenue
Portland, OR  97209


TIP:  Kidnapping in the first degree and kidnapping in the second degree are Ballot Measure 11 crimes.

 


 

David Lesh Mini Biography

Oregon attorney since 1990;

Former Multnomah County prosecutor;

Former Portland Police Bureau lawyer;

Sought after criminal defense attorney.