Aggravated Kidnapping: Texas Penal Code §20.04

The Texas Aggravated Kidnapping law gives police the right to arrest you if they believe you abducted another person under one of the additional circumstances listed in the statute, such as an intent to abuse the victim sexually, cause bodily injury, terrorize them, or hold them hostage for a reward.

The Texas Aggravated Kidnapping law also applies if you used a deadly weapon during the kidnapping.

The legislature defines Aggravated Kidnapping as a separate criminal offense and under a different section of the Penal Code from Kidnapping. Accordingly, the aggravating factors in the Aggravated Kidnapping law are elements of the offense.

The Texas legislature codified this criminal offense in Texas Penal Code Section 20.04. The law was not updated in 2023. In fact, this law has not been amended since 1995.

The Penal Code classifies the Texas Aggravated Kidnapping law under Title 5 “Offenses Against The Person,” Chapter 20 “Kidnapping, Unlawful Restraint, and Smuggling of Persons.” Learn more about the Texas offense of Aggravated Kidnapping below.

What is the current Texas law about Aggravated Kidnapping?

Texas law currently defines the offense of Aggravated Kidnapping in Penal Code Section §20.04 as follows:^[1]

(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.

How can I be charged with an Aggravated Kidnapping offense in Texas?

You can be charged with Aggravated Kidnapping in Texas if the state’s attorneys believe that each of the elements of 20.04(a) or 20.04(b) as described in the section above have been met.

What is the statute of limitation for Aggravated Kidnapping in Texas?

Aggravated Kidnapping normally carries a five-year limitations period.^[2] However, if the victim is younger than 17 years old at the time the offense is committed, the limitations period is twenty years from the 18th birthday of the victim.^[3]

What is the penalty for a Texas Aggravated Kidnapping offense?

A conviction for Aggravated Kidnapping in Texas is punished as a felony of the first degree,^[4] with a maximum possible fine under Texas state law of up to $10,000 and up to life in prison, unless you can prove, by a preponderance of the evidence, that you voluntarily released the victim in a safe place, in which case it is punished as a felony of the second degree.^[5]

There is a very big difference in the maximum punishment between first and second degree felonies. The maximum punishment for a felony of the second degree is only 20 years, whereas the maximum prison sentence for a first degree felony is life.

Can you get probation for Aggravated Kidnapping in Texas?

The Texas Code of Criminal Procedure categorically prohibits judges from placing people convicted of this offense on probation.^[6] However, the code does not categorically prohibit judges from accepting deferred adjudication probation deals.^[7]

In addition, the code prohibits juries from recommending probation for people convicted of Aggravated Kidnapping if the victim of the offense was younger than 14 years of age at the time the offense was committed and the actor committed the offense with the intent to violate or abuse the victim sexually.^[8] Otherwise, juries may recommend probation.

Do I have to register as a sex offender in Texas if guilty of Aggravated Kidnapping?

Any Texas Kidnapping conviction or adjudication, including deferred adjudication, requires registration as a sex offender if the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age.^[9]

Also, any Aggravated Kidnapping conviction or adjudication requires registration as a sex offender if the actor committed the offense or engaged in the conduct with intent to violate or abuse the victim sexually.^[10]

What level of crime is Aggravated Kidnapping in Texas?

The Penal Code classifies the punishment for Aggravated Kidnapping as a first degree felony, unless teh defendant proves he voluntarily released the victim in a safe place.

Learn more about the penalty range for this offense in the section above.

---

Legal References:

^1. Texas Penal Code §20.04. This law is current as of 2024.^2. Code of Criminal Procedure 12.01(4)(B). Also see Code of Criminal Procedure 12.03(d)^3. Code of Criminal Procedure 12.01(5)(A)^4. Texas Penal Code Section 20.04(c)^5. Texas Penal Code Section 20.04(d)^6. Art. 42A.054(a)(4), Texas Code of Criminal Procedure^7. Art. 42A.102(b), Texas Code of Criminal Procedure.^8. Art. 42A.056(5), Texas Code of Criminal Procedure^9. Code of Criminal Procedure, Article 62.001(5)(E)^10. Code of Criminal Procedure, Article 62.001(5)(C)