Kidnapping and Unlawful Restraint

Texas Penal Code; Sec. 20.02.
Unlawful Restraint
(a) A person commits an offense if he holds somebody against their will.

Texas Penal Code; Sec. 20.03.

• A person commits an offense if he intentionally or knowingly abducts another person without their permission

penalties; kidnapping and unlawful restraint

• kidnapping 3rd degree: 2-10 years in a state prison and/or a fine of up to $10,000.
• kidnapping 2nd degree: 2-20 years in a state prison and/or a fine of up to $10,000.
• kidnapping 1st degree: 5-99 years in a state prison and/or a fine of up to $10,000.

Con't

• unlawful restraint class A misdemeanor; 1 year in the county jail, and up to a $4000 fine.
• unlawful restraint state jail felony; 180 days in the state jail, and up to a $10,000 fine
• unlawful restraint 3rd degree felony; 2-10 years in prison and up to $10,000 fine.

How might it worsen?

• repeating offender
• victim under the age of 17
• used a weapon
• victim is exposed to a substantial risk of serious bodily injury
• victim is a public servant performing his or her duties
• You're in custody when you commit the crime

Defenses

• kidnapping- Durham rule/Duress/Irresistible impulse/M'naughten rule/PTSD
• Unlawful restraint- PTSD/ Duress/Irresistible Impulse/Public Duty Defense/Necessity defense/Durham Rule/M'naughten rule

6 Year old boy in Missouri

• A 6 year old went through a four-hour staged kidnapping because his family thought he was being too nice to people he didn't know
• suspects: child's mother, grandmother, aunt, a coworker of the aunt.
• Parents say he was taken to a basement where his pants were removed, and was told he would be sold into sex slavery

con't

• Boy was tied up and threatened by co-worker with gun.
• co-worker used plastic bags to tie the child's hands and feet.
• child was blind folded and put into basement and then was told he would never see his mom again, and that he wold be nailed to the wall.

con't

• after about 4 hours they unchained the boy and let him upstairs where his family was waiting to lecture him on stranger danger.

Ariel Castro

• Ariel Castro, 52, faces three counts of rape and four counts of kidnapping involving victims Amanda Berry, Gina DeJesus, and Michelle Knight
• Castro impregnated Knight five times, forced her to starve for weeks at a time and punched her in the stomach until she miscarried

con't

• Castro, also forced Knight to deliver Berry's baby in a plastic kiddie pool and threatened to murder Knight if the newborn died.
• All three women we're kidnapped after Castro offered them a ride because they were walking alone on the street.

What is Unlawful Restraint?

What is Kidnapping?

what is the penalty for kidnapping in the second degree?

What is the penalty for Unlawful restraint in the 3rd degree?

what is one way to worsen the offense?

What is one useable defense against Kidnapping?

What is one useable defense against Unlawful restraint?