What kidnapping charges can you get in Texas?

In Texas criminal law, two terms are very important; Abduct and Restrain. The difference in meaning between these terms as applied to the facts of your case could affect the seriousness of the charges against you, how your case is handled and whether or not your case has the potential to be dismissed.

According to section 20.01(1) of the Texas Penal Code, “Restrain” means to restrict a person’s movements without consent by moving the person from one place to another or by confining the person. Restraint is “without consent” if it is accomplished by:

Force, intimidation, or deception, or Any means, including acquiescence of the victim, if:

The victim is under 14 years of age and the parent or guardian have not acquiesced;
or the victim is between 14 to 17 years of age
and is taken outside of the state and outside of a 120-mile radius from the victim’s residence.
The parent or guardian have not acquiesced in the movement.

According to section 20.01(2) of the Texas Penal Code, “Abduct” means to restrain a person without consent with intent to prevent his rescue by holding the individual in a place where he is not likely to be found or by threatening violence.

The purpose of defining restraint and abduction in the code is to provide guidance on how the three different kidnapping related offenses should be charged. These three related offenses are unlawful restraint, kidnapping and aggravated kidnapping.