Kidnapping is defined in many jurisdictions as the unlawful act of taking someone without their consent. The unlawful taking can be done by fraud, force, or threat of violence. Kidnapping also includes confining someone for a substantial period of time without their consent. Kidnapping can be a federal or state crime.
Yes. Texas defines kidnapping as knowingly or intentionally abducting another individual.
No. Unlawful restraint in Texas is defined as knowingly or intentionally restraining another individual, not abducting them. Abducting an individual means moving them against their will; restraining a person means keeping them in a location against their will.
No, they are separate charges. The charge of smuggling a person involves the intent to conceal someone. A kidnapping charge involves taking someone against their will, such as a noncustodial parent kidnapping their child.
Yes. If a person is accused of kidnapping, there are affirmative defenses available to them, such as:
In Texas, kidnapping is a felony crime. In fact, a person is charged with a felony of the third degree if they are charged with kidnapping.
A third degree felony in Texas is the least serious of all felony charges. A person can spend anywhere from two to 10 years in state prison. The person can be sentenced to paying a $10,000 fine or pay the fine and be sentenced to prison.
Any type of felony case is extremely complex. Due to the seriousness of a felony charge, it is better to hire a Texas criminal lawyer to represent you in a felony criminal case such as kidnapping.
Last Modified: 09-30-2016 12:23 PM PDTLaw Library Disclaimer
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