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.
To prove this offense, the State must establish each of the following elements: Intentionally or knowingly; Abducts another person; 3rd degree felony.
The base classification is 3rd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Intentionally or knowingly
- Abducts another person
- 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.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Plus listed culpable intent OR deadly weapon used/exhibited | Aggravated Kidnapping (1st degree) | §20.04 |
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Worked examples
Kidnapping under §20.03 is committed when the actor intentionally or knowingly:
- Restricts another's movements briefly
- Abducts another person Correct
- Threatens future violence
- Holds someone for less than one hour