Unlawful Restraint

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 Class A Misdemeanor to knowingly restrain another person, except for a lawful arrest.  It is a state jail felony to restrain a child younger than 17, and a third degree felony recklessly to expose the victim to substantial risk of serious bodily injury, or to restrain an on-duty public servant or, while in custody, to restrain another.

Statute(s)

§ 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 A misdemeanor, except that the offense is:

     (1) a state jail felony if the person restrained was a child younger than 17 years of age; or

     (2) a felony of the third degree if:

          (A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury;

          (B) the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or

          (C) the actor while in custody restrains any other person.

(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.

(e) It is an affirmative defense to prosecution under this section that:

     (1) the person restrained was a child who is 14 years of age or older and younger than 17 years of age;

     (2) the actor does not restrain the child by force, intimidation, or deception; and

     (3) the actor is not more than three years older than the child.

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; Acts 1997, 75th Leg., ch. 707, § 1(b), 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 790, § 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 524, § 1, eff. Sept. 1, 2001.

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

Crime of Moral Turpitude
Adoption and Foster Care

Notes

The statute gives affirmative defenses for a relative of a child under 14 to restrain that child in order to assume lawful control of the child, and for the peaceful restraint of another over 14 years but under 17 by another not more than 3 years older than him restrained.

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