Unlawful Restraint In Texas
In the simplest terms, under Texas law, unlawful restraint occurs when someone intentionally or knowingly restrains another person without that person’s consent and without legal authority to do so.
Unlawful Restraint is generally a Class A misdemeanor, but it can become a state jail felony or a third degree felony depending on the facts. Unlawful restraint is the least serious among the kidnapping offenses identified in the Texas Penal Code.
What is Unlawful Restraint in Texas?
A person who intentionally or knowingly restrains another person has committed the offense of unlawful restraint. This is generally a Class A misdemeanor, but the felony versions of the offense are also described below.
Unlawful restraint is the least serious among the kidnapping, smuggling, and trafficking offenses identified in the Texas Penal Code. A person who intentionally or knowingly restrains another person has committed the offense of unlawful restraint.
If the victim is 17 or younger, the offense is a state jail felony, and all other offenses under this statute are A misdemeanors.
What does “restrain” mean under Penal Code 20.01?
In Texas, “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. See Penal Code Section 20.01(1).
This definition is a little counterintuitive because it covers much more than just restraint. For example, if a defendant places this woman in the trunk of his car without her consent, and then either keeps her there or drives off with her, the defendant has restrained her according to the Penal Code definition. Restraint without consent is accomplished by force, intimidation, or deception. Restraint without consent is also accomplished by any means, including acquiescence or agreement of the victim if it is a child, 14 or younger, or an incompetent person and the parent or guardian has not agreed to the movement or confinement. Restraint without consent is also accomplished by any means including acquiescence. Notice that you don’t have to physically move someone from one place to another in order to abduct them. You merely need to hold them in a place where they’re not likely to be found.
When does Unlawful Restraint Become a Felony in Texas?
Unlawful Restraint is a felony if the restraint is of a public servant working in an official capacity, of a child under 17, or if the victim is exposed to a substantial risk of serious bodily injury.
Third Degree Felony Unlawful Restraint
A person who recklessly exposes the victim to a substantial risk of serious bodily injury in the course of committing unlawful restraint, has committed a felony of the third degree. If the victim is a known public servant on duty, or if the actor was in the custody of law enforcement, it is also a felony of the third degree.
State Jail Felony Unlawful Restraint
If the victim is 17 or younger, the offense is a state jail felony.
Reference Penal Code Section 20.02 for more information.
Comparing Unlawful Restraint and Kidnapping:
- Unlawful Restraint (Texas Penal Code Section 20.02) involves restraining a person without their consent and without any legal authority to do so, but without the added elements of secreting or using deadly force. It is essentially restricting a person’s movements to interfere substantially with their liberty, but not to the extent or with the intention required for kidnapping.
- Kidnapping necessitates the additional element of “abduction,” which implies a higher degree of restraint and specific intent regarding how the victim is held or hidden, making it a more severe offense compared to unlawful restraint.
Definition of “Abduct” in Texas Penal Code Section 20.01
The term “abduct” is defined as restraining a person with the intent to prevent their liberation by either:
- Secreting or holding the person in a place where they are not likely to be found, or
- Using or threatening to use deadly force.
Kidnapping under Texas Penal Code Section 20.03
Using this definition, kidnapping in Texas occurs when a person intentionally or knowingly abducts another person. To “abduct” here means the restraint of a person is accompanied by the abductor’s intent to prevent the victim’s liberation through methods that would likely go unnoticed or involve a threat of physical harm.
Affirmative Defenses to Unlawful Restraint
The Penal Code identifies an affirmative defense to unlawful restraint to reconcile situations where a parent or legal guardian is exercising their parental rights. The Penal Code states it is an affirmative defense to unlawful restraint if the person is 14 or younger, the actor was a relative of the child, and the actor’s sole intent was to assume lawful control of the child.
The Penal Code also has language to reconcile situations between juveniles and younger adults that might arise and that we would consider less serious than a full-blown adult offense. The Penal Code states it is an affirmative defense to unlawful restraint if the person restrained was 14 to 17 years old, the actor was not more than three years older than that person, and the actor doesn’t restrain them by force, intimidation, or deception.
Finally, the Penal Code sets forth an exception for law enforcement officers by stating it is not an offense to detain or move another as part of a lawful arrest or detention. A person who recklessly exposes the victim to a substantial risk of serious bodily injury in the course of committing unlawful restraint, has committed a felony of the third degree. If the victim is a known public servant on duty, or if the actor was in the custody of law enforcement, it is also a felony of the third degree.
Unlawful Restraint Defense
Have you or a loved one been arrested for Unlawful Restraint in Fort Worth? Our team of skilled attorneys can assess your unique case and determine how to best proceed.
