Penal Code · §20.03

Kidnapping

Intentionally or knowingly abducts another person. 'Abduct' = to restrain a person with intent to prevent liberation by (A) secreting or holding the person where unlikely to be found, OR (B) using or threatening to use deadly force.

The base classification is 3rd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

  • Intentionally or knowingly
  • Abducts another person
Texas Law — Charge Details
3rd Degree Felony
Offense
Kidnapping
Statute
Tex. Penal Code §20.03
Classification
3rd degree felony

Intentionally or knowingly abducts another person. 'Abduct' = to restrain a person with intent to prevent liberation by (A) secreting or holding the person where unlikely to be found, OR (B) using or threatening to use deadly force.

Potential Penalty Enhancements
If this condition applies…Charge escalates to
Plus listed culpable intent OR deadly weapon used/exhibitedAggravated Kidnapping (1st degree)

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Worked examples

Worked example 1

Kidnapping under §20.03 is committed when the actor intentionally or knowingly:

  1. Restricts another's movements briefly
  2. Abducts another person Correct
  3. Threatens future violence
  4. Holds someone for less than one hour
Why: Kidnapping is intentionally or knowingly abducting another. 'Abduct' = to restrain a person with intent to prevent liberation by (A) secreting or holding the person where unlikely to be found, OR (B) using or threatening to use deadly force. 3rd degree felony.
Statute: Tex. Penal Code §20.03