Kidnapping

Chapter 20 of the Texas Penal Code places restrictions on retraining, abducting, and smuggling persons.

Kidnapping, as per § 20.03 of the Texas Penal Code, occurs when an individual intentionally or knowingly abducts another person.

“Abduct”, as per §20.01 (2) of the Texas Penal Code, is defined as restraining a person with the intent to prevent his liberation by secreting or holding him in a place where he is not likely to be found, or by the use of deadly force or threatening to use deadly force.

Kidnapping always constitutes a third degree felony and carries with it a term of imprisonment between 2 and 20 years, as well as a fine not to exceed $10,000.

It is an affirmative defense to the prosecution of kidnapping that:

the abduction was not coupled with intent to use or to threaten to use deadly force;
the actor was a relative of the person abducted; and
the actor's sole intent was to assume lawful control of the victim.

Punishment Range

Third Degree Felony

Imprisonment in the institutional division for not more than 10 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

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