Title

Penal, Chapter 20 - Kidnapping And Unlawful Restraint

Text

CHAPTER 20 - KIDNAPPING AND UNLAWFUL RESTRAINT

(Heading chgd. by L.1997, chap. 707(1(a)), eff.

9/1/97.)

Sec.

20.01. Definitions.

20.02. Unlawful restraint.

20.03. Kidnapping.

20.04. Aggravated kidnapping.

Section 20.01. Definitions.

In this chapter:

(1) "Restrain" means to restrict a person's movements

without consent, so as to interfere substantially with his

liberty, by moving him from one place to another or by

confining him. Restraint is "without consent" if it is

accomplished by:

(A) force, intimidation, or deception; or

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

he is a child 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.

(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.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 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 B

misdemeanor unless:

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

years of age, in which event the offense is a Class A

misdemeanor; or

(2) the actor recklessly exposes the victim to a

substantial risk of serious bodily injury, in which event

it is a felony of the third degree.

(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.

(Chgd. by L.1993, chap. 900(1.01); L.1997, chap.

707(1(b)), (2), eff. 9/1/97.)

Section 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.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 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.

(Chgd. by L.1993, chap. 900(1.01); L.1995, chap. 318(4),

eff. 9/1/95.)