Penal Code · §20.02

Unlawful Restraint

Unlawful Restraint is covered under §20.02 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Kidnapping" on practice exams.

To prove this offense, the State must establish each of the following elements: Intentionally or knowingly; Restrains another person; Without consent; Class A (default); state jail if victim <17; 3rd degree with aggravators.

Elements you must prove

  • Intentionally or knowingly
  • Restrains another person
  • Without consent
  • Class A (default); state jail if victim <17; 3rd degree with aggravators

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Worked examples

Worked example 1

Unlawful Restraint under §20.02 (basic offense) is what level of offense?

  1. Class C misdemeanor
  2. Class B misdemeanor
  3. Class A misdemeanor Correct
  4. State jail felony
Why: Unlawful Restraint is a Class A misdemeanor. State jail felony if the victim is younger than 17. 3rd degree felony with certain aggravators (e.g., reckless exposure to substantial risk of SBI, victim is a public servant lawfully discharging duty).
Statute: Tex. Penal Code §20.02