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PENAL CODE
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.
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.