Penal Code · §20.04

Aggravated Kidnapping

Elements

  • A person
  • Intentionally or knowingly abducts another person
  • With one of the following intents: hold for ransom or reward; use as a shield or hostage; facilitate the commission of a felony or flight after a felony; inflict bodily injury or violate or abuse sexually; terrorize the victim or a third person; interfere with the performance of any governmental or political function; OR
  • The actor uses or exhibits a deadly weapon during the commission of the abduction

Penalty

First-degree felony — 5 to 99 years or life TDCJ + up to $10,000 fine (§12.32). Reduced to second-degree felony at punishment stage if the actor proves by a preponderance that the victim was voluntarily released alive in a safe place — 2 to 20 years TDCJ + up to $10,000 fine (§12.33).

Enhancements

No further classification enhancement; safe-release mitigation is available at punishment.

Practice questions about Aggravated Kidnapping

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