Comment

Chapter 20 of the Texas Penal Code creates three major offenses. In order of increasing seriousness, these are unlawful restraint, kidnapping, and aggravated kidnapping.

Unlawful restraint under section 20.02(a) consists of restraining the victim; the term restrain is defined in section 20.01(1). Tex. Penal Code §§ 20.01(1), 20.02(a). Kidnapping (under section 20.03(a)) and aggravated kidnapping (under section 20.04(a)) consist of abducting the victim; abduct is defined in section 20.01(2) as including restraining the victim. See Tex. Penal Code §§ 20.01(2), 20.03(a), 20.04(a).

The use of the term restrain in the definition of abduct means that all three crimes include the same subelements of restrain: (1) restricting the victim’s movements by moving or confining the victim, (2) interfering substantially with the victim’s liberty, and (3) doing this “without consent.” Kidnapping requires proof of these three matters plus a fourth element: acting with the intent to use one of the two methods specified in section 20.01(2) to prevent the victim’s liberation. Aggravated kidnapping requires proof of these four matters plus a fifth element: acting with intent to accomplish one of the six objectives specified in section 20.04(a).

All three offenses require that the restraint of the victim be “without consent.” In certain circumstances when the victim is a child, this requirement is essentially rendered meaningless by section 20.01(1)(B) (providing that in situations covered, restraint is without consent if accomplished by any means, including acquiescence of the victim). The instructions in this chapter address only other situations, all of which are covered by the provision in section 20.01(1)(A) that restraint is without consent if accomplished by force, intimidation, or deception.