Kidnapping vs Aggravated Kidnapping

[ScottDLS]

Saw a story on the news this morning about kidnapping and got curious about what level of force is permitted to prevent it (in the context of your child). Was surprised to not find kidnapping mentioned anywhere in the force statutes, only Aggravated Kidnapping.

Kidnapping has the definition of:

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) 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 is:

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.



So what's the deal? If the abductor is super nice about it, no force is justified? :)

It looks like one's about custody issues and the other is the "kidnap for ransom" or violent kidnapping. Think about joint custody and mom forgets to drop off kid at dad's for the weekend and so dad reports as kidnapping, or dueling state custody orders....etc. etc.

This vs. stranger who grabs a kid off the street and uses force to restrain/imprison.

[tms119]

Scott basically hit the nail on the head. That's how it was described to me a couple of days ago in my academy.

Also it's interesting how if someone is committing a robbery and tells someone to sit down and not move...you essentially restricted their movement and have a hostage. So could be charged with aggravated kidnapping which jumps from a felony 2 for robbery to a felony 1 for aggravated kidnapping.

[minimalist]

So what's the deal? If the abductor is super nice about it, no force is justified? :)

It reads that way... I don't care how nice an abductor is; they are not taking my child away from me without dealing with some force

[rexmitchell]

I'm pretty sure anyone trying to snatch your kid off the street is going to fall under aggravated kidnapping....Either way I'm not going to worry about splitting hairs on the definition if that happens. I'll protect my kid in whatever way I see fit and worry about the consequences later. No jury in this state is going to even consider a conviction if you shoot someone trying to snatch your child.

[Jago668]

I was told by a Fort Worth PD that kidnapping involves you taking your own kids (basically custody issues as ScottDLS said). Aggravated kidnapping involves you taking anyone else.

[minimalist]

It looks like one's about custody issues and the other is the "kidnap for ransom" or violent kidnapping. Think about joint custody and mom forgets to drop off kid at dad's for the weekend and so dad reports as kidnapping, or dueling state custody orders....etc. etc.

This vs. stranger who grabs a kid off the street and uses force to restrain/imprison.

I read it as: if it is a relative, with no intent to harm, with intent to have lawful control (like a mom forgetting to drop off for visitation) it is a defense to prosecution (not kidnapping.) If the intent was unlawful control, like mom picking up junior when it's not her time and running away, then that is non-aggravated kidnapping.

[ScottDLS]

It looks like one's about custody issues and the other is the "kidnap for ransom" or violent kidnapping. Think about joint custody and mom forgets to drop off kid at dad's for the weekend and so dad reports as kidnapping, or dueling state custody orders....etc. etc.

This vs. stranger who grabs a kid off the street and uses force to restrain/imprison.

I read it as: if it is a relative, with no intent to harm, with intent to have lawful control (like a mom forgetting to drop off for visitation) it is a defense to prosecution (not kidnapping.) If the intent was unlawful control, like mom picking up junior when it's not her time and running away, then that is non-aggravated kidnapping.

Good analysis...

[minimalist]

So you CAN'T shoot your ex for picking up your kid when it's not their time. Got it. Darn....

What if they call you and say "I'll return junior to your custody for $1"

now it's aggravated!

[SewTexas]

basically.....

if you introduce a weapon into the deal, it's aggravated.

if you've grabbed a car that's sitting in front of a home, that just happens to have a baby in a carseat....probably not aggravated.....although I thought there was also an age thing associated with aggravated? like below a certain number of months and above a certain number of years? (my daughter writes and loves crime)

[Jusme]

basically.....

if you introduce a weapon into the deal, it's aggravated.

if you've grabbed a car that's sitting in front of a home, that just happens to have a baby in a carseat....probably not aggravated.....although I thought there was also an age thing associated with aggravated? like below a certain number of months and above a certain number of years? (my daughter writes and loves crime)

I hope you mean your daughter writes and loves crime "stories" Otherwise you will be looking at a lot of lawyer bills.

[minimalist]

basically.....

if you introduce a weapon into the deal, it's aggravated.

)

I don't read anything about a weapon in part (a) a weapon is not a prerequisite for aggravated.

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.

[Flightmare]

basically.....

if you introduce a weapon into the deal, it's aggravated.

if you've grabbed a car that's sitting in front of a home, that just happens to have a baby in a carseat....probably not aggravated.....although I thought there was also an age thing associated with aggravated? like below a certain number of months and above a certain number of years? (my daughter writes and loves crime)

I hope you mean your daughter writes and loves crime "stories" Otherwise you will be looking at a lot of lawyer bills.

Funny, I was thinking the EXACT same thing when I read that!

[SewTexas]

basically.....

if you introduce a weapon into the deal, it's aggravated.

if you've grabbed a car that's sitting in front of a home, that just happens to have a baby in a carseat....probably not aggravated.....although I thought there was also an age thing associated with aggravated? like below a certain number of months and above a certain number of years? (my daughter writes and loves crime)

I hope you mean your daughter writes and loves crime "stories" Otherwise you will be looking at a lot of lawyer bills.

Funny, I was thinking the EXACT same thing when I read that!

lol
yes, she writes crime stories.