OFFENSES AGAINST THE PERSON: Restrain, Abduct, Kidnapping

Restraining someones movements or adjusting their location unwillingly can be addressed and classified in different ways, in the eyes of the law, depending on what exactly happened. 

In Texas, there are ways to address how people were affected:

  • Restrain
  • Abducting
  • Kidnapping
  • Aggravated Kidnapping


“Restrain” means to restrict a person’s movements without consent, so as to interfere substantially with the person’s liberty, by moving the person from one place to another or by confining the person. 

Restraint is “without consent” if it is accomplished by: force, intimidation, or deception;  or the victim is a child who is less than 14 years of age or an incompetent person and the parent, guardian, or person.

Also, if the victim is a child, 14-17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim’s residence, and no parent or guardian has acquiesced in the movement.


“Abduct” means to restrain a person with intent to prevent his liberation by: secreting or holding him in a place where he is not likely to be found;  or using or threatening to use deadly force.


 A person commits an offense if he intentionally or knowingly abducts another person.

(1)  the abduction was not coupled with intent to use or to threaten to use deadly force;

(2)  the actor was a relative of the person abducted;  and

(3)  the actor’s sole intent was to assume lawful control of the victim.

(c)  An offense under this section is a felony of the third degree.

Aggravated Kidnapping

A person commits an offense if he intentionally or knowingly abducts another person with the intent to:

(1)  hold him for ransom or reward;

(2)  use him as a shield or hostage;

(3)  facilitate the commission of a felony or the flight after the attempt or commission of a felony;

(4)  inflict bodily injury on him or violate or abuse him sexually;

(5)  terrorize him or a third person;  or

(6)  interfere with the performance of any governmental or political function.

A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.

As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you.

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