Texas Kidnapping Laws

What is Kidnapping in Texas?

The Texas Kidnapping Statute is found in Chapter 20 of the Texas Penal Code. A person commits the offense of Kidnapping if he intentionally or knowingly abducts another person. Tex. Penal Code Ann. § 20.03 (2015 Reg. Sess.). “Abduct” means to restrain a person with intent to prevent his liberation by secreting or holding him in a place where he is not likely to be found or using or threatening to use deadly force. § 20.01.

A person “restrains” another when he restricts the other person’s movements without consent and substantially interferes 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 accomplished by

  1. force, intimidation, or deception; or
  2. any means, including consent of the victim, if: (A) the victim is a child who is less than 14 years old or an incompetent person and the parent, guardian, or person/institution that is legally responsible for the victim has not consented in the movement or confinement, or (B) the victim is a child who is 14 years of age or older and younger than 17, the victim is taken outside of the state and outside a 120 mile radius from the victim’s residence without the consent of the victim’s parent, guardian, or person/institution that is legally responsible for the victim. § 20.01.

It is an affirmative defense to a Kidnapping charge that the abduction was (1) not coupled with intent to use or threaten to use deadly force, (2) the actor was a parent, stepparent, ancestor, sibling, uncle, aunt, or adopted relative of the person abducted, and (3) the actor’s sole intent was to assume lawful control of the victim. A kidnapping charge is a third degree felony that carries with it a 2-10 year prison sentence and/or up to a $10,000 fine. § 20.03.

There is no certain length of time that a victim must be held for it to be considered an abduction because an abduction is a continuous, ongoing event.

What is Aggravated Kidnapping in Texas?

A person commits the offense of Aggravated Kidnapping if he commits a Kidnapping with the intent to: (1) hold the person for ransom or reward; (2) use the person 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 the person or violate/abuse them sexually, (5) terrorize the person or a third person; or (6) interfere with the performance of any governmental or political function. § 20.04. A person also commits Aggravated Kidnapping if he uses or exhibits a deadly weapon during the commission of a Kidnapping. Id.

The offense is a first degree felony that carries with it a 5-99 year prison sentence and/or up to a $10,000 fine. However, if the offender can prove that he voluntarily released the victim in a safe place, the offense is a felony of the second degree. A second degree felony has a punishment of 2-20 years in prison and/or up to a $10,000 fine. Id.