CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT - Texas Statutes

PENAL CODE

TITLE 5. OFFENSES AGAINST THE PERSON

CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT

Sec. 20.01. DEFINITIONS. In this chapter:

(1) "Restrain" means to restrict a person's movements without

consent, so as to interfere substantially with the person's

liberty, by moving the person from one place to another or by

confining the person. Restraint is "without consent" if it is

accomplished by:

(A) force, intimidation, or deception; or

(B) any means, including acquiescence of the victim, if:

(i) the victim is a child who is less than 14 years of age or an

incompetent person and the parent, guardian, or person or

institution acting in loco parentis has not acquiesced in the

movement or confinement; or

(ii) the victim is a child who is 14 years of age or older and

younger than 17 years of age, the victim is taken outside of the

state and outside a 120-mile radius from the victim's residence,

and the parent, guardian, or person or institution acting in loco

parentis has not acquiesced in the movement.

(2) "Abduct" means to restrain a person with intent to prevent

his liberation by:

(A) secreting or holding him in a place where he is not likely

to be found; or

(B) using or threatening to use deadly force.

(3) "Relative" means a parent or stepparent, ancestor, sibling,

or uncle or aunt, including an adoptive relative of the same

degree through marriage or adoption.

(4) "Person" means an individual, corporation, or association.

(5) Notwithstanding Section 1.07, "individual" means a human

being who has been born and is alive.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994; Acts 1999, 76th Leg., ch. 790, Sec. 1, eff. Sept. 1,

1999; Acts 2003, 78th Leg., ch. 822, Sec. 2.03, eff. Sept. 1,

2003.

Sec. 20.02. UNLAWFUL RESTRAINT. (a) A person commits an

offense if he intentionally or knowingly restrains another

person.

(b) It is an affirmative defense to prosecution under this

section that:

(1) the person restrained was a child younger than 14 years of

age;

(2) the actor was a relative of the child; and

(3) the actor's sole intent was to assume lawful control of the

child.

(c) An offense under this section is a Class A misdemeanor,

except that the offense is:

(1) a state jail felony if the person restrained was a child

younger than 17 years of age; or

(2) a felony of the third degree if:

(A) the actor recklessly exposes the victim to a substantial

risk of serious bodily injury;

(B) the actor restrains an individual the actor knows is a

public servant while the public servant is lawfully discharging

an official duty or in retaliation or on account of an exercise

of official power or performance of an official duty as a public

servant; or

(C) the actor while in custody restrains any other person.

(d) It is no offense to detain or move another under this

section when it is for the purpose of effecting a lawful arrest

or detaining an individual lawfully arrested.

(e) It is an affirmative defense to prosecution under this

section that:

(1) the person restrained was a child who is 14 years of age or

older and younger than 17 years of age;

(2) the actor does not restrain the child by force,

intimidation, or deception; and

(3) the actor is not more than three years older than the child.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994; Acts 1997, 75th Leg., ch. 707, Sec. 1(b), 2, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 790, Sec. 2, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 524, Sec. 1, eff. Sept. 1, 2001.

Sec. 20.03. KIDNAPPING. (a) A person commits an offense if he

intentionally or knowingly abducts another person.

(b) It is an affirmative defense to prosecution under this

section that:

(1) the abduction was not coupled with intent to use or to

threaten to use deadly force;

(2) the actor was a relative of the person abducted; and

(3) the actor's sole intent was to assume lawful control of the

victim.

(c) An offense under this section is a felony of the third

degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an

offense if he intentionally or knowingly abducts another person

with the intent to:

(1) hold him for ransom or reward;

(2) use him as a shield or hostage;

(3) facilitate the commission of a felony or the flight after

the attempt or commission of a felony;

(4) inflict bodily injury on him or violate or abuse him

sexually;

(5) terrorize him or a third person; or

(6) interfere with the performance of any governmental or

political function.

(b) A person commits an offense if the person intentionally or

knowingly abducts another person and uses or exhibits a deadly

weapon during the commission of the offense.

(c) Except as provided by Subsection (d), an offense under this

section is a felony of the first degree.

(d) At the punishment stage of a trial, the defendant may raise

the issue as to whether he voluntarily released the victim in a

safe place. If the defendant proves the issue in the affirmative

by a preponderance of the evidence, the offense is a felony of

the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 4, eff. Sept. 1,

1995.

Sec. 20.05. UNLAWFUL TRANSPORT. (a) A person commits an

offense if the person for pecuniary benefit transports an

individual in a manner that:

(1) is designed to conceal the individual from local, state, or

federal law enforcement authorities; and

(2) creates a substantial likelihood that the individual will

suffer serious bodily injury or death.

(b) An offense under this section is a state jail felony.

Added by Acts 1999, 76th Leg., ch. 1014, Sec. 1, eff. Sept. 1,

1999.