Texas Agreement to Abduct from Custody Attorneys

Yes, in Texas, it is a crime to agree with another party to abduct a child from someone’s lawful custody. This is taken seriously, as it interferes with a guardian or parent’s right to have their child with them.

What Does the State Need to Prove to Convict Me of the Crime?

For a conviction in Texas, the state must prove beyond a reasonable doubt that:

1. The Defendant Entered into an Agreement or Made Plans with Another Person to Abduct a Child

This offense’s core lies in mutual understanding or planning between two or more people. Simply put, there needs to be some form of agreement or plan in place. The prosecution doesn’t necessarily need to show that steps were taken to enact the plan but merely that an agreement or plan existed.

Example: Mark and Jane take Jane’s nephew from school one day and go on a surprise trip without informing the child’s parents. Even if they never act on this plan, the discussion and agreement can fall under this element.

2. The Child Was Under the Age of 18

This stipulation is straightforward. For the charge to be valid, the child in question must be a minor, i.e., under the age of 18. Age is an essential factor, as taking or agreeing to take an adult against their will would be considered a different crime.

Example: If Mark and Jane, in the previous scenario, had discussed taking Jane’s 19-year-old niece without her consent, the crime would not be categorized under “agreement to abduct a child from custody” because of the age factor.

3. The Intent Was to Remove the Child from Someone’s Lawful Custody Without the Custodial Party’s Consent

Here, not only must there be an agreement to abduct, but the parties involved must have a clear intent to remove the child from someone who legally has the right to the child’s custody. This action is particularly significant if done without the consent of the lawful custodian.

Example: Suppose Jane’s sister (the mother of the child) had lawful custody, and Mark and Jane planned to take the child without the mother’s knowledge or approval. Their intent to bypass the lawful custodian and the lack of consent from the custodial party make up this element of the crime.

Each of these elements serves as a pillar for the crime of “agreement to abduct a child from custody.” Together, they frame the essence of the offense, and all need to be proven for a conviction. If even one element is questionable or unproven, it might challenge the validity of the charges.

Is This Crime the Same as Parental Kidnapping?

No, this crime is distinct from parental kidnapping. While both involve the illegal removal of a child, parental kidnapping typically refers to the act where a non-custodial parent takes or retains a child in violation of the custodial parent’s rights. On the other hand, an agreement to abduct from custody does not necessarily require the act of abduction to be committed; the mere agreement itself can be the crime.

Is It Illegal to Agree to Abduct a Minor If I Am Giving Physical Custody Back to a Parent?

Yes, even if the intention is to give physical custody back to a parent, agreeing to abduct a minor from someone’s lawful custody is illegal. The law focuses on the act of abduction itself or the agreement to do so, not necessarily the ultimate intention of returning the child.

What Is the Punishment for Agreeing to Abduct a Child?

According to the Texas Penal Code Section 25.0311, a person commits an offense if they agree, for money or the promise of money, to abduct a child younger than 18 years of age by force, threat, deception, stealth, or unlawful entry, knowing that the child is under the care and control of a person who has legal custody or physical possession of the child. This offense is a state jail felony, which means it can be punished by 180 days to two years or a fine of up to $10,000.

If the person who agrees to abduct the child also intends to commit a felony against the child, such as sexual assault, murder, or robbery, then the offense is elevated to a felony of the third degree, which means it can be punished by two to 10 years in prison or a fine of up to $10,000.

Additionally, if the person who agrees to abduct the child carries out the abduction, then they may also be charged with kidnapping or aggravated kidnapping, which are more serious felonies that can result in life imprisonment or even the death penalty.

Are There Any Defenses to Agreement to Abduct from Custody Charge?

Yes, several defenses might be applicable, including:

Lack of Intent to Abduct the Child

For the crime of agreeing to abduct a child from custody, the prosecution must prove that there was a clear intention to commit the act. If a person can demonstrate that they never intended to abduct the child, this can be a viable defense.

Example: Imagine a situation where a friend jokingly tells another, “Let’s take John’s kid to the movies without telling him!” If there was never any real intent to take the child, and it was merely a joke made in passing, this could be used as a defense against an abduction agreement charge.

Consent Was Given by the Lawful Custodian

If the person with the legal right to custody explicitly consented to the child to be with the accused, it becomes a solid defense. Consent negates the illegal aspect of the agreement or the act, provided it was not obtained under duress or through fraudulent means.

Example: Sarah, who has lawful custody of her son, verbally agrees to let her son spend the weekend with her ex-partner, David. Later, for unrelated reasons, she gets upset with David and reports the child as abducted. In this scenario, David could defend that he had Sarah’s consent.

The Belief that the Action was Necessary to Protect the Child from Imminent Harm

In some cases, a person might believe that taking the child is the only way to protect them from immediate danger or harm. If the defense can prove that this belief was reasonable under the circumstances, even if later found to be incorrect, it could serve as a valid defense.

Example: Lucy hears from her niece that Lucy’s brother (and the niece’s father) has been acting violently at home. For her niece’s safety, Lucy agrees with the child’s mother (who doesn’t have legal custody) to take the child away for a few days. If charged with agreement to abduct, Lucy could argue that she believed her actions were necessary for the child’s immediate safety.

What Is the Statute of Limitations for Agreement to Abduct from Custody?

According to the Texas Penal Code Section 25.0311, an agreement to abduct from custody is a state jail felony, meaning it has a three-year limitation period from the commission of the offense. This means that the prosecution must file a motion for enforcement within three years after the offense occurred, or the case will be dismissed.

However, if the person who agreed to abduct the child also intended to commit a felony against the child, such as sexual assault, murder, or robbery, then the offense is elevated to a felony of the third degree, which means it has a limitation period of ten years.

Additionally, if the person who agreed to abduct the child carried out the abduction, then they may also be charged with kidnapping or aggravated kidnapping, which have longer or no limitation periods depending on the circumstances.

Should I Contact an Attorney?

If you’re facing charges related to the abduction of a child or any related offense, consult with an experienced legal professional. Connect with a Texas criminal lawyer through LegalMatch today to ensure your rights are protected and to receive guidance tailored to your situation.