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    KIDNAPPING IN THE SECOND DEGREE
    MEASURE 11 OFFENSE

    163.225 Kidnapping in the second degree.
    (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.


          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.
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