Texas Penal Code: Kidnapping,
Unlawful Restraint, and Smuggling of Persons
Course
Law
Enforcement I
Unit VI
Crime and
Punishment
Essential
Question
What makes
up the crime
of kidnapping
and related
offenses?
TEKS
§130.293(c)
(7)(A)(B)(D)
Prior Student
Learning
Basics of
Criminal Law
Estimated
Time
2 to 3 hours
Rationale
Police officers must respond to kidnapping calls. They must be able to
distinguish the call as the crime of kidnapping in order to file the appropriate
charges.
Objectives
The students will be able to:
1. Discuss the elements of a kidnapping.
2. Distinguish between kidnapping and aggravated kidnapping.
3. Analyze infamous kidnapping cases.
4. Evaluate what crimes apply to different cases.
Engage
Use the following questions for a class discussion. What do you know about
kidnapping? What are the chances of you being kidnapped and never returned?
Is it the same as being a runaway? Use the Discussion Rubric for assessment.
Key Points
Texas Penal Code. Title 5. Offenses Against the Person. Chapter 20.
KIDNAPPING, UNLAWFUL RESTRAINT, AND SMUGGLING OF PERSONS
Sec. 20.01. DEFINITIONS.
In this chapter:
(1) "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:
(A) force, intimidation, or deception; or
(B) any means, including acquiescence of the victim, if:
(i) the victim is a child who is less than 14 years of
age or an incompetent person and the parent,
guardian, or person or institution acting in loco
parentis has not acquiesced in the movement or
confinement; or
(ii) the victim is a child who is 14 years of age or
older and younger than 17 years of age, the
victim is taken outside of the state and outside a
120-mile radius from the victim's residence, and
the parent, guardian, or person or institution
acting in loco parentis has not acquiesced in the
movement.
(2) "Abduct" means to restrain a person with intent to prevent his
liberation by:
1
Copyright © Texas Education Agency, 2014. All rights reserved.
(A) secreting or holding him in a place where he is not
likely to be found; or
(B) using or threatening to use deadly force.
(3) "Relative" means a parent or stepparent, ancestor, sibling, or
uncle or aunt, including an adoptive relative of the same
degree through marriage or adoption.
(4) "Person" means an individual, corporation, or association.
(5) Notwithstanding Section 1.07, "individual" means a human
being who has been born and is alive.
Sec. 20.02. UNLAWFUL RESTRAINT.
(a) A person commits an offense if he intentionally or knowingly
restrains another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the person restrained was a child younger than 14 years of
age;
(2) the actor was a relative of the child; and
(3) the actor's sole intent was to assume lawful control of the
child.
(c) An offense under this section is a Class A misdemeanor, except that
the offense is:
(1) a state jail felony if the person restrained was a child younger
than 17 years of age; or
(2) a felony of the third degree if:
(A) the actor recklessly exposes the victim to a substantial
risk of serious bodily injury;
(B) 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
(C) the actor while in custody restrains any other person.
(d) 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.
(e) It is an affirmative defense to prosecution under this section that:
(1) the person restrained was a child who is 14 years of age or
older and younger than 17 years of age;
(2) the actor does not restrain the child by force, intimidation, or
deception; and
(3) the actor is not more than three years older than the child.
Sec. 20.03. KIDNAPPING.
(a) A person commits an offense if he intentionally or knowingly abducts
another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the abduction was not coupled with intent to use or to
threaten to use deadly force;
2
Copyright © Texas Education Agency, 2014. All rights reserved.
(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.
Sec. 20.04. AGGRAVATED KIDNAPPING.
(a) 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.
(b) 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.
(c) Except as provided by Subsection (d), an offense under this section
is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue
as to whether he voluntarily released the victim in a safe place. If
the defendant proves the issue in the affirmative by a
preponderance of the evidence, the offense is a felony of the second
degree.
Sec. 20.05. SMUGGLING OF PERSONS.
(a) A person commits an offense if the person intentionally uses a motor
vehicle, aircraft, or watercraft to transport an individual with the
intent to:
(1) conceal the individual from a peace officer or special
investigator; or
(2) flee from a person the actor knows is a peace officer or
special investigator attempting to lawfully arrest or detain the
actor.
(b) Except as provided by Subsection (c), an offense under this section
is a state jail felony.
(c) An offense under this section is a felony of the third degree if the
actor commits the offense:
(1) for pecuniary benefit; or
(2) in a manner that creates a substantial likelihood that the
transported individual will suffer serious bodily injury or death.
(d) It is an affirmative defense to prosecution under this section that the
actor is related to the transported individual within the second
degree of consanguinity or, at the time of the offense, within the
second degree of affinity.
(e) If conduct constituting an offense under this section also constitutes
3
Copyright © Texas Education Agency, 2014. All rights reserved.
an offense under another section of this code, the actor may be
prosecuted under either section or under both sections.
Activities
1. Have a class discussion about infamous kidnapping cases. The following
links may be used:
 http://www.texasranger.org/history/cases.htm
 http://www.eyesofamerica.net/US_abduction_kidnapping_statistics.htm
Use the Discussion Rubric for assessment.
2. Have students complete the open-note quiz.
Assessments
Kidnapping, Unlawful Restraint, and Smuggling of Persons Exam and Key
Kidnapping, Unlawful Restraint, and Smuggling of Persons Quiz (Open Note)
and Key
Discussion Rubric
Presentation Rubric
Research Rubric
Writing Rubric
Materials
Kidnapping, Unlawful Restraint, and Smuggling of Persons computer-based
presentation
Computers with Internet Access
Resources
Texas Penal Code: http://www.statutes.legis.state.tx.us/
http://www.texasranger.org/history/cases.htm
http://www.eyesofamerica.net/US_abduction_kidnapping_statistics.htm
Accommodations for Learning Differences
For reinforcement, students will find articles in the newspaper or online about
crimes involving unlawful restraint, kidnapping, and aggravated kidnapping and
determine which charge should be used and why. Use the Research Rubric for
assessment.
For enrichment, students will research the history of the Amber Alert and Code
Adam. Use the Research Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.293. Law Enforcement I (One to Two Credits)
(7) The student analyzes procedural and substantive criminal law. The student
is expected to:
(A) define crime categories and respective punishments;
4
Copyright © Texas Education Agency, 2014. All rights reserved.
(B) analyze the elements of criminal acts;
(D) analyze types of criminal defenses.
College and Career Readiness Standards
Cross-disciplinary Standards
II. Foundational Skills
A. Reading across curriculum
C. Research across the curriculum
1. Understand which topics or questions are to be investigated.
2. Explore a research topic.
5. Synthesize and organize information effectively.
5
Copyright © Texas Education Agency, 2014. All rights reserved.
Name:____________________________
Date:__________________________
Kidnapping, Unlawful Restraint, and Smuggling of Persons Exam
1. _____Restraint is "without consent" if it is accomplished by which of the following?
A Force
B Intimidation
C Deception
D All of the Above
2. _____Which of the following is the term that means “to restrain a person with intent to
prevent his freedom by hiding him where he won't be found or using or threatening to use
deadly force”?
A Abduct
B Kidnap
C Restrain
D Conceal
3. _____ Which of the following is the term that means “to restrict a person's movements
without consent in such a way as to interfere with their liberty”?
A Abduct
B Kidnap
C Restrain
D Conceal
4. _____Under what age is a person considered away without consent if the parent has not
given them permission to leave?
A 12
B 13
C 14
D 17
5. _____What is the punishment for kidnapping?
A State jail felony
B Third-degree felony
C Second-degree felony
D First-degree felony
6. _____What is the level of punishment for aggravated kidnapping?
A State jail felony
B Third-degree felony
C Second-degree felony
D First-degree felony
6
Copyright © Texas Education Agency, 2014. All rights reserved.
7. _____What is the minimum level of punishment for unlawful restraint?
A Class B misdemeanor
B Class A misdemeanor
C State jail felony
D Third-degree felony
8. _____What is the level of punishment for unlawful restraint when the victim is under 17?
A Class B misdemeanor
B Class A misdemeanor
C State jail felony
D Third-degree felony
9. _____What is the minimum punishment for smuggling of persons?
A Class B misdemeanor
B Class A misdemeanor
C State jail felony
D Third-degree felony
10. _____Which of the following qualifies as a “relative” according to the law?
A Parent/Stepparent
B Sibling
C Adoptive Relative
D Aunt/Uncle
E All of the Above
11. _____Steve had been handled by the criminal justice system many times. One day, while
at his home, the warrant squad pulled up, intending to serve Steve with an arrest warrant
for probation violations. Steve looked out the window and, upon seeing the police,
grabbed Billie, a plumber who had been in the home fixing pipes that day. Steve said to
Billie, “If you don't do exactly what I say, you won't live to see tomorrow.” Steve then went
to the door holding Billie by the neck and instructed the warrant officers to leave. Steve
should be charged with which of the following?
A Unlawful Restraint – Class A misdemeanor
B Unlawful Restraint – State jail felony
C Unlawful Restraint – Third-degree felony
D Kidnapping
E Aggravated Kidnapping
7
Copyright © Texas Education Agency, 2014. All rights reserved.
12. _____Benny and Suki are husband and wife. They got into an argument and woke up
their neighbors, who called the police. When the police knocked on the door, Benny
grabbed Suki, pushed her up into the attic, and then shut and locked the door, trapping
Suki inside the attic. Benny answered the door and the police eventually found Suki in the
attic. What should Benny be charged with?
A Unlawful Restraint – Class A misdemeanor
B Unlawful Restraint – State jail felony
C Unlawful Restraint – Third-degree felony
D Kidnapping
E Aggravated Kidnapping
13. _____George is placed under arrest for fighting and taken to jail. During the book-in
process George reaches around the counter and grabs the guard. George pins the
guard’s arms behind his back, preventing the guard from moving. What should George
be charged with?
A Unlawful Restraint – Class A misdemeanor
B Unlawful Restraint – State jail felony
C Unlawful Restraint – Third-degree felony
D Kidnapping
E Aggravated Kidnapping
14. _____Toni abducts Rita and writes a letter to Rita’s mother asking for $100,000. Toni
should be charged with which of the following?
A Unlawful Restraint – Class A misdemeanor
B Unlawful Restraint – State jail felony
C Unlawful Restraint – Third-degree felony
D Kidnapping
E Aggravated Kidnapping
15. _____Dwight has been arrested for attacking his wife, Stephanie, and is put in the back
of the squad car by Officer Jabbar, who leaves the door of the squad car cracked open.
Dwight is handcuffed with his hands in the front of his body instead of the back. Officer
Jabbar begins to take photos of Stephanie’s injuries when Dwight gets out of the car
while stilled handcuffed and restrains Stephanie by placing his hands over Stephanie’s
head and putting a choke hold on her. What crime has Dwight committed?
A Unlawful Restraint – Class A misdemeanor
B Unlawful Restraint – State jail felony
C Unlawful Restraint – Third-degree felony
D Kidnapping
E Aggravated Kidnapping
8
Copyright © Texas Education Agency, 2014. All rights reserved.
16. _____Tyrone is driving around a neighborhood where he sees Fouad. Tyrone points a
gun at Fouad and tells him to get into the car. Tyrone should be charged with which of
the following?
A Unlawful Restraint – Class A misdemeanor
B Unlawful Restraint – State jail felony
C Unlawful Restraint – Third-degree felony
D Kidnapping
E Aggravated Kidnapping
17. _____Peter feels guilty about taking Rosa and releases her in a park. Can Peter’s charge
be lowered one degree when he is in court?
A Yes
B No
18. _____Thomas is an 18-wheeler driver in need of some money. Thomas is dropping a
load off in a town near the Mexican border when he is presented with a proposal to pick
up 30 undocumented immigrants and take them to Dallas. Thomas agrees. Thomas is
committing what crime?
A Unlawful Restraint – Class A misdemeanor
B Unlawful Restraint – State jail felony
C Unlawful Restraint – Third-degree felony
D Smuggling of Persons
E None of the Above
19. _____Kelsey is at a family reunion when he sees his 10-year old nephew arguing with his
mom. The nephew is so upset with his mom that he takes off running across the street
without looking to see if traffic is coming. His mom yells for help. Kelsey sees a car
coming toward his nephew and decides to intervene by grabbing his nephew and taking
him back to his mom, even though the nephew is kicking and screaming. The nephew
claims that Kelsey is violating his free will. What should Kelsey be charged with?
A Unlawful Restraint – Class A misdemeanor
B Unlawful Restraint – State jail felony
C Unlawful Restraint – Third-degree felony
D Smuggling of Persons
E None of the Above
9
Copyright © Texas Education Agency, 2014. All rights reserved.
20. _____Albert is committing a felony by robbing a gas station. Albert does not have a
weapon during the robbery. Albert gets the money from the cash register then grabs the
clerk and forces him into Albert’s car to keep the clerk from calling the police while Albert
is leaving. Albert should be charged with what?
A Unlawful Restraint – Class A misdemeanor
B Unlawful Restraint – State jail felony
C Unlawful Restraint – Third-degree felony
D Kidnapping
E Aggravated Kidnapping
F
21. _____The maximum punishment for smuggling of persons is a third-degree felony.
A True
B False
22. _____Restraint is “without consent” if it is accomplished by also transporting the victim
outside a 120-mile radius from the victim’s residence.
A True
B False
23. _____Relatives and family members cannot be charged with abduction/kidnapping.
A True
B False
24. _____The charge of aggravated kidnapping includes the act of using a hostage as a
shield.
A True
B False
25. _____At the punishment stage of trial, voluntarily releasing a kidnapped person will not
affect the defendant’s sentence.
A True
B False
10
Copyright © Texas Education Agency, 2014. All rights reserved.
Kidnapping, Unlawful Restraint, and Smuggling of Persons Exam Key
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
D
A
C
C
B
D
B
C
C
E
E
A
C
E
C
E
A
D
E
E
A
A
B
A
B
11
Copyright © Texas Education Agency, 2014. All rights reserved.
Name:____________________________
Date:__________________________
Kidnapping, Unlawful Restraint, and Smuggling of Persons Quiz
What is “without consent” if it is accomplished by force, intimidation, or deception?
1.
When a victim is under 14 years old or incompetent and the parent has not given permission for
them to leave, what would this be an example of?
2.
What is the punishment for aggravated kidnapping?
3.
What is the punishment for unlawful restraint?
4.
What is the punishment for unlawful restraint when the victim is under 17 years old?
5.
Restraint is "without consent" if it is accomplished by force, intimidation, or deception; or any
means, including acquiescence of the victim, if:
6.
7.
What term means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an
adoptive relation of the same degree through marriage or adoption?
8.
What is it called to restrain a person with intent to prevent his freedom by hiding him where he
won't be found or, using or threatening to use deadly force?
9.
What is the punishment for kidnapping?
10.
12
Copyright © Texas Education Agency, 2014. All rights reserved.
What is the punishment for aggravated kidnapping when the suspect releases the victim in a
safe place?
11.
What crime does someone commit if he or she intentionally or knowingly restrains another
person?
12.
What does a person threaten to use when he or she abducts a victim?
13.
When is unlawful restraint a third-degree felony?
14.
15.
16.
What term means an individual, corporation, or association?
17.
There is no offense to detain or move a person when it is for the purpose of:
18.
What offense is committed if the actor intentionally or knowingly abducts another person?
19.
What offense is committed if the actor intentionally or knowingly abducts another person with
the intent either to hold them for ransom or to reward or use them as a shield or hostage?
20.
During what stage of trial can the defendant raise the issue as to whether they released a
kidnapped victim in a safe place?
21.
A person commits an offense of smuggling of persons if the person intentionally uses a motor
vehicle, aircraft, or watercraft to transport an individual with the intent to:
13
Copyright © Texas Education Agency, 2014. All rights reserved.
22.
23.
What is the maximum punishment for smuggling of persons?
24.
What is the minimum punishment for smuggling of persons?
25.
14
Copyright © Texas Education Agency, 2014. All rights reserved.
Kidnapping, Unlawful Restraint, and Smuggling of Persons Quiz Key
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
Restraint
Without consent
First-degree felony
Class A misdemeanor
State jail felony
The victim is a child who is less than 14 years of age or an incompetent
person and the parent, guardian, or person or institution acting in loco parentis
has not acquiesced in the movement or confinement
The victim is a child who is 14 years of age or older and younger than 17
years of age, the victim is taken outside of the state and outside a 120-mile
radius from the victim's residence, and the parent, guardian, or person or
institution acting in loco parentis has not acquiesced in the movement
Relative
Abduct
Third-degree felony
Second-degree felony
Unlawful Restraint
Deadly Force
Victim is exposed to risk of serious bodily injury
Victim is a public servant discharging an official duty
Actor is in custody and restrains another
Person
Effecting a lawful arrest or detaining an individual lawfully arrested
Kidnapping
Aggravated Kidnapping
Punishment Stage
Conceal the individual from a peace officer or special investigator
Flee from a person the actor knows is a peace officer; or special investigator
attempting to lawfully arrest or detain the actor terrorizes the victim or a third
person
Third-degree felony
State jail felony
15
Copyright © Texas Education Agency, 2014. All rights reserved.
Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
16
Copyright © Texas Education Agency, 2014. All rights reserved.
Name:____________________________________
Date:_____________________________
Presentation Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Topic/Content
 Topic discussed completely and in-depth
 Includes properly cited sources (if used)
Creativity/Neatness
 Integrates a variety of multimedia effects
to create a professional presentation
(transition and graphics) or appropriate
visual aid used
 Title slide, table of contents, bibliography
are included, using acceptable format
Mechanics
 Grammar, spelling, punctuation, and
capitalization are correct
 Image and font size are legible to the
entire audience
Oral Presentation
 Communicates with enthusiasm and eye
contact
 Voice delivery and projection are
dynamic and audible
Audience Interaction
 Presentation holds audience’s attention
and relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
17
Copyright © Texas Education Agency, 2014. All rights reserved.
Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Question/goal
Student identified and communicated a question
or goal of the research
Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Total Points (20 pts.)
Comments:
18
Copyright © Texas Education Agency, 2014. All rights reserved.
Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
19
Copyright © Texas Education Agency, 2014. All rights reserved.