2. The student will be able to: 1. Discuss the elements of kidnapping 2. Distinguish the difference between kidnapping and aggravated kidnapping 3. Analyze infamous kidnapping cases 4. Evaluate what crimes apply to different cases UNT in partnership with TEA, Copyright ©. All rights reserved. 2

3.  Restrain – to restrict a person's movements without consent in such a way as to interfere with their liberty › by moving the person from place to place › by confining the person UNT in partnership with TEA, Copyright ©. All rights reserved. 3

4.  Restraint “without consent”: › Force, intimidation, or deception OR › Victim is under 14 or incompetent, and the parent has not given permission OR › Victim is 14-16 years of age and is taken outside of a 120-mile radius without the parents' permission UNT in partnership with TEA, Copyright ©. All rights reserved. 4

5.  Abduct – to restrain a person with intent to prevent his freedom by: › Hiding him/her where he won't be found › Using or threatening to use deadly force UNT in partnership with TEA, Copyright ©. All rights reserved. 5

6.  Unlawful Restraint: › When a person intentionally or knowingly restrains another person › Affirmative Defenses: 1.Person was younger than 14 2.Actor was a relative of the child 3.Actor's sole intent was to assume lawful control of the child UNT in partnership with TEA, Copyright ©. All rights reserved. 6

7.  Unlawful Restraint: › Punishments:  Class A Misdemeanor, unless  State Jail Felony  Child is younger than 17  Third Degree Felony  Victim is:  exposed to risk of serious bodily injury  public servant who is discharging an official duty  Actor is in custody and restrains another UNT in partnership with TEA, Copyright ©. All rights reserved. 7

8.  Kidnapping: › The Actor:  Intentionally or knowingly  Abducts another person  Restrains person  Threatens to use deadly force › Third Degree Felony › Affirmative Defenses:  No threat of deadly force  Victim was a relative  Actor's sole intent was to assume lawful control of victim UNT in partnership with TEA, Copyright ©. All rights reserved. 8

9.  Aggravated Kidnapping: › Kidnapping and has the intent to:  hold the person for ransom or reward  use the person as a shield or hostage  flight after attempt or commission of a felony  inflict bodily injury on the person or violate/abuse him sexually  terrorize the victim or a third person  interfere with the performance of any governmental or political function UNT in partnership with TEA, Copyright ©. All rights reserved. 9

10.  Aggravated Kidnapping: › If the suspect uses or exhibits a deadly weapon during a kidnapping › 1 st Degree Felony › It is a 2 nd Degree Felony if the actor voluntarily releases the victim in a safe place. UNT in partnership with TEA, Copyright ©. All rights reserved. 10

11.  Unlawful Transport: › The Actor:  Is paid to transport a person in a manner that conceals the person from law enforcement, AND  Substantial likelihood of serious bodily injury or death › State Jail Felony UNT in partnership with TEA, Copyright ©. All rights reserved. 11

12.  Texas Penal Code: http://www.statutes.legis.state.tx.us/http://www.statutes.legis.state.tx.us/ UNT in partnership with TEA, Copyright ©. All rights reserved. 12