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STATE OF OKLAHOMA
1st Session of the 59th Legislature (202 3)
HOUSE BILL 2617 By: Humphrey
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 894, which relates to penalties
for child stealing; providing an affirmative defense;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 891, is
amended to read as follows:
Section 891. A. Whoever maliciously, forcibly or fraudulently
takes or entices away any ch ild under the age of sixteen (16) years,
with intent to detain or conceal such child from its parent,
guardian or other person having the lawful charge of such child or
to transport such ch ild from the jurisdiction of this state or the
United States withou t the consent of the person having lawful charge
of such child shall, upon conviction, be guilty of a felony
punishable by imprisonment in the cu stody of the Department of
Corrections not exceeding ten (10) years.
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B. The offender shall have an affirmative defense to the
prosecution of child stealing if the offender reasonably believes
that the act was necessary to preserve the child from physical,
mental, or emotional danger to the child's welfare and the offender
notifies the local law enforc ement agency nearest to the location
where the parent, guardian or other person having lawful charge of
the child resides.
C. Except for persons sentenced to life or life without parole,
any person sentenced to imprisonment for two (2) years or more for a
violation of this section and the offense involved sexua l 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.
SECTION 2. This act shall become effective November 1, 2023.
59-1-6532 GRS 01/04/23