Kidnapping

Kidnapping in Texas (Penal Code § 20.03)

Definition

A person commits the offense of kidnapping if they intentionally or knowingly abduct another person. “Abduct” means to restrain a person with the intent to prevent their liberation by either:(Findlaw, Texas Statutes)

• Secreting or holding them in a place where they are not likely to be found; or

• Using or threatening to use deadly force. (Texas Statutes)

Penalties

Kidnapping is classified as a third-degree felony in Texas, punishable by:

• 2 to 10 years in prison

• A fine of up to $10,000 (bhwlawfirm.com, Saputo ✭ Toufexis)

Affirmative Defense

An affirmative defense to prosecution exists if:(Saputo ✭ Toufexis)

• The abduction was not coupled with intent to use or 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. (Saputo ✭ Toufexis)

Aggravated Kidnapping (Penal Code § 20.04)

Definition

Aggravated kidnapping occurs when a person abducts another with the intent to:(Findlaw)

• Hold them for ransom or reward;

• Use them as a shield or hostage;

• Facilitate the commission of a felony or flight after the attempt or commission of a felony;

• Inflict bodily injury or sexually abuse them;

• Terrorize them or a third person; or

• Interfere with the performance of any governmental or political function.(Texas Public Law, Findlaw)

Additionally, using or exhibiting a deadly weapon during the abduction qualifies as aggravated kidnapping. (LegalMatch)

Penalties

Aggravated kidnapping is typically a first-degree felony, punishable by:

• 5 to 99 years or life imprisonment

• A fine of up to $10,000

However, if the defendant proves they voluntarily released the victim in a safe place, the offense is reduced to a second-degree felony, with penalties of:(Texas Public Law)

• 2 to 20 years in prison

• A fine of up to $10,000 (Findlaw)

 Statute of Limitations

• Kidnapping: 5 years

• Aggravated Kidnapping: 5 years

• If the victim is younger than 17 years old at the time of the offense, the limitations period extends to 20 years from the victim’s 18th birthday. (Starr Law, P.C., Saputo ✭ Toufexis)

Probation and Sex Offender Registration

• Defendants convicted of kidnapping may be eligible for probation, subject to judicial discretion.

• However, probation is generally not available for aggravated kidnapping convictions, especially if the offense involved a deadly weapon or sexual abuse of a victim under 14 years old.

• A kidnapping conviction requires sex offender registration if the victim was under 17 years old and the offense involved sexual intent or abuse. (Saputo ✭ Toufexis)

 Legal Representation

Given the severe penalties associated with kidnapping and aggravated kidnapping charges, it is crucial to seek experienced legal counsel. A qualified attorney can help navigate the complexities of the legal system, explore potential defenses, and work towards the best possible outcome.