Restraint is "without consent" if it is
accomplished by:
(A) force, intimidation, or deception; or
(B) any means, including acquiescence of the
victim, if:
(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.
§ 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1995, 74th Leg., ch. 318, § 4, eff. Sept. 1, 1995.
It's not only kidnapping but aggrevated kidnapping in the first degree if a sexual assault occurred. What I really question is the info I've bolded in
RED. So if he kept her in the state of TX and within a 120 mile radius of her home...the aggrevated kidnapping charges doesn't apply? Does this make sense or am I missing something? My word! The crimes could all be committed and she be only a block from her home!!!!
It charges would be reduced to 2nd degree if the defendent can show he released her at some point...in a safe place.
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.20.HTM
