Kidnapping

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

It is a third degree felony knowingly to abduct another.

Statute(s)

§ 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Caselaw

Collateral Consequences

Felony Conviction

2nd conviction triggers Sex Offender Registration with a victim under 17

Likely to be considered to be a Crime of Moral Turpitude
Adoption and Foster Care

Notes

The statute gives affirmative defenses for abductions intended solely to assume lawful control of the victim, by a relative, and without the intent to use or to threaten the use of deadly force.

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