What Constitutes Kidnapping in Texas?

 Posted on September 21, 2023 in Criminal Defense

Kidnapping is a serious criminal offense that involves the intentional unlawful confinement, transportation, or abduction of another person against their will. In the state of Texas, kidnapping laws are in place to protect people from such acts and to hold perpetrators accountable. Your freedom may be in serious jeopardy if you have been arrested for kidnapping. Contact a lawyer to allow yourself to fight the charges and avoid the severe consequences of being convicted. 

Further Defining Kidnapping in Texas

According to Texas law, kidnapping is defined simply as knowingly abducting another person. 

Abduction refers to restraining a person intending to prevent their liberation or to hold them against their will. It is important to note that kidnapping can occur even if there is no demand for ransom or if the person is not moved a significant distance.

Elements of Kidnapping

To establish a kidnapping offense in Texas, the prosecution must prove certain elements beyond a reasonable doubt, such as proving that the abduction was intentional or knowing it was against the consent of the kidnapped individual. The prosecution must demonstrate that the person was restrained against their will and was prevented from seeking freedom. 

Aggravated Kidnapping

This is considered a more severe offense that involves additional elements and carries harsher penalties. In Texas, aggravated kidnapping occurs when a person abducts another person with the intention of committing a felony, sexually abusing or terrorizing the person, or using the person as a shield or hostage. Aggravated kidnapping is considered a first-degree felony and carries severe penalties. 

Penalties for Kidnapping

The penalties for kidnapping in Texas are significant and depend on various factors, such as the age of the person kidnapped, the presence of a deadly weapon, and the intent behind the abduction. Kidnapping is generally considered a third-degree felony, punishable by a prison sentence between two to ten years and a fine of up to $10,000. Aggravated kidnapping is a first-degree felony, carrying a five to 99 years prison term or life imprisonment and a fine of up to $10,000.

Contact a Collin County Kidnapping Attorney

Kidnapping is a very serious criminal offense in Texas, so the state has stringent laws to protect people from such acts. If you have been charged with kidnapping, take legal action to ensure you can fight the charges to the best of your ability. Contact the experienced Frisco kidnapping lawyers with Law Offices of Biederman & Burleson P.L.L.C. to do this. Call 469-333-3333 for a free consultation.