OFFENSES AGAINST THE PERSON: Unlawful Restrain

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
  • Unlawful Restraint

UNLAWFUL RESTRAINT

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

– the person restrained was a child younger than 14 years of age;

–  the actor was a relative of the child;  and

  • the actor’s sole intent was to assume lawful control of the child.

 An offense under this section is a Class A misdemeanor, except that the offense is:

a state jail felony if the person restrained was a child younger than 17 years of age;

A felony of the third degree if:

–  the actor recklessly exposes the victim to a substantial risk of serious bodily injury;

–  the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or

  • the actor while in custody restrains any other person; 

A felony of the second degree if the actor restrains an individual the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge.

It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested.

It is an affirmative defense to prosecution under this section that:

–  the person restrained was a child who is 14 years of age or older and younger than 17 years of age;

–  the actor does not restrain the child by force, intimidation, or deception;  and

–  the actor is not more than three years older than the child.

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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