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Texas Penal Code If you violate this law, you could be charged with a Class A misdemeanor. Have you been charged with a criminal offense? Our attorneys can provide aggressive defense for the accusations you might be facing. We have decades of combined experience and an in-depth understanding of the law.
We will work hard toward a favorable outcome in your case. Speak with us during a free consultation by calling or completing an online contact form. Call us at 1 Kidnapping is one of the most serious criminal offenses with which a person can be charged. How Is Kidnapping Defined? Taking, confinement, or restraint. A kidnapping occurs when someone intentionally takes, abducts, restrains, or confines someone else. In some states, an offender must confine the victim with the intention to inflict bodily harm, use the person as a shield, use the person as a means of escape, hold the person for ransom, hold the person as an involuntary servant, or hold the person to disrupt government or political activities.
In other states, confinement is the key element, and any intentional confinement, taking, or restraint is a kidnapping. However, even in states that require the intent to commit further crimes, it isn't necessary that those crimes to actually take place.
It's enough for the accused to commit the unlawful taking with the specified intent, even if the kidnapper's goals are never achieved. Movement of the victim. Some states require that the kidnapping victim must be moved for a substantial distance, though the actual distance required can be very minimal.
For example, moving a victim from one house to another house across the street or from a car into a nearby structure is enough, though movement from one room of a house to another may not be. Other states do not require movement of the victim to charge an offender with kidnapping. Force and threats. In some states, it isn't necessary for a person to use force to commit a kidnapping, while other states require that some force must be used before confinement can be considered a kidnapping.
Using the threat of violence or other threats that might instill fear is also considered a use of force. A kidnapping cannot occur if the victim consents to the confinement. If a person, such as a child or a person with cognitive disabilities, is unable to grant legal consent, a kidnapping can occur if the person is taken without the consent of the parent or legal guardian.
Kidnapping degrees. Some state laws separate kidnapping into offenses of different degrees or levels of severity. In fact, parental kidnapping is a felony. If you are convicted of parental abduction, you could be sentenced to serve years in state prison, along with having to pay a monetary fine, as well. The intent of the offending parent. In order to convict you of parental kidnapping, the prosecution must prove the following elements: You maliciously took, enticed away, kept, withheld, or concealed the child from his or her lawful custodian who may be the other parent; You intended to keep or detain his or her lawful custodian.
The answer to this question is very complicated and may depend on many different factors.
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