The criminal charge of kidnapping is an offense that is classified as a felony under both federal and state criminal law. Kidnapping and aggravated kidnapping are both felony criminal offenses in Texas.
The exact definition of kidnapping varies by state, but in general, it is defined as:
- The carrying away, movement, or confinement of a person;
- With their consent and against their will;
- By force or deception.
Kidnapping may also be defined as:
- The seizure and detention of a person;
- Against their will and without their consent,
- With intent to:
- Carry the victim away at a later time;
- Hold the victim for ransom;
- Use the victim as a human shield;
- Inflict emotional or physical injury on the victim;
- Use the victim to facilitate the commission of another felony.
The first definition of kidnapping is a general intent crime. This means it is simply committed by a defendant intending to confine or move the individual or by the defendant committing the act of confining or moving the victim.
The second definition of kidnapping noted above is a specific intent crime. With a specific intent crime, the perpetrator specifically intends or has the specific purpose to commit another crime in addition to the kidnapping, which is itself illegal. A local Texas attorney would be able to explain more about general intent and specific intent crimes.
A specific intent kidnapping is a general kidnapping when the perpetrator has the specific intent to do one of the following:
- Carry the person away;
- Hold the person for ransom;
- Use the person as a shield;
- Use the person to commit a felony; or
- To inflict injury on the person.
In some states, even a slight movement satisfies the transportation requirement for the crime of kidnapping. In other states, the victim’s movement must be more than slight in order to satisfy this requirement.
Generally, if the unlawful seizure, moving, or confinement of the victim is for the specific purpose of extortion or ransom, the offense is classified as an aggravated kidnapping. Typically, an aggravated kidnapping will carry a greater penalty than a general kidnapping.
A stranger can commit a kidnapping, or it can be someone the victim knows. It may also occur when a parent or family member violates a custody order and kidnaps a child without the consent of the other parent, which is called parental kidnapping. Parental kidnapping could become an aggravated kidnapping if the parent were to use a deadly weapon in the commission of the crime.
Are Aggravated Kidnapping and Kidnapping the Same in Texas?
Aggravated kidnapping and kidnapping are not the same in Texas. An aggravated kidnapping occurs when a perpetrator intentionally or knowingly abducts a person with the intent to do any of the following:
- Use them as a hostage or shield;
- Hold them for reward or ransom;
- Commit another felony criminal offense;
- Use them to complete a felony offense or after attempting to commit a felony;
- Terrorize them;
- Terrorize a third person;
- Cause bodily injury to them;
- Sexually assault or otherwise violate them;
- Interfere with the governmental or political function; or
- Show or use a deadly weapon during the commission of the crime.
A perpetrator also commits aggravated kidnapping in Texas if they intentionally or knowingly abduct another person and use a deadly weapon in the commission of the crime.
Is Aggravated Kidnapping a First-Degree Felony in Texas?
Aggravated kidnapping is a first-degree felony offense in Texas. If a person is found guilty of aggravated kidnapping in the first degree, they may face:
- From 5 to 99 years in prison;
- Payment of a fine of up to $10,000 fine;
- Both a fine and prison time.
Can I Be Charged With a Felony in the Second-Degree for Aggravated Kidnapping?
The perpetrator of aggravated kidnapping might be able to show that they voluntarily released their victim in a safe place after kidnapping them. In that case, the criminal charge may be reduced to a second-degree aggravated kidnapping. The perpetrator has the burden of proving the voluntary release by a preponderance of the evidence.
The perpetrator would do this at the sentencing or punishment phase of the criminal prosecution process.
What Is the Punishment for Aggravated Kidnapping in the Second-Degree?
The punishment for second-degree aggravated kidnapping is 2 to 20 years in state prison and/or payment of a fine of up to $10,000.
When Is Kidnapping Considered to Be a Federal Offense?
If a perpetrator moves the victim across state lines during the kidnapping, it is classified as a federal offense under federal kidnapping laws. Under the Federal Kidnapping Act or the Lindbergh Law, a kidnapping involving the movement of a victim across state lines can be punished by a federal prison term of up to 20 years.
The Federal Kidnapping Act allows for harsher penalties if a victim is under 18 years of age, the kidnapper is over 18 years of age, and they are not a close family member or legal custodian. In these types of cases, the kidnapping offense may be punishable by a mandatory minimum sentence of 20 years in prison.
Are There Any Defenses to the Charge of Kidnapping?
There may be some defenses available to the charge of kidnapping, including the following:
- The alleged victim consented to be confined or transported by the perpetrator;
- The alleged victim consented to be confined by the perpetrator;
- The perpetrator did not use force;
- The perpetrator had no intention of using force.
It is important to note that certain people, including those who are deemed not to be of sound mind, may lack the mental capacity to provide consent. In these types of cases, a consent defense may well not be available to the perpetrator.
The alibi defense is always available in criminal prosecutions. In the alibi defense, a person who has been charged with a crime, the “defendant” in legal terminology, claims that they did not commit the crime with which they have been charged.
They claim that they were not at the scene of the crime when it was committed, and they were, in fact, somewhere else at an entirely different location. The defendant has the burden of proving the facts that establish the defense, e.g., that they were someplace else at the time of the offense and possibly with other people who can serve as witnesses.
The defendant would be able to have witnesses testify to the fact that the defendant was with them at a different location at the time the crime was committed. It is important to note, in the age of mobile phones that track their users’ locations at all times, that phone records regarding location may be used to defeat the defense if they show that the defendant was, in fact, in the area of the crime when it was committed.
Should I Talk to a Lawyer?
If you are facing aggravated kidnapping charges in Texas, it is essential to consult with a Texas criminal defense lawyer. These are very serious charges that can result in harsh penalties of many years in prison, i.e., up to 99 years in prison.
Your attorney may be able to negotiate with the prosecution for a reduction in the charges against you. If you are unable to afford an attorney, the court may appoint a criminal defense attorney for you.
