The Aggravated Kidnapping crime in the state of Texas gives police the right to arrest you if they believe you have 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 statute also applies if the state’s attorneys can prove that used a deadly weapon during the kidnapping. Learn more detailed information about the Aggravated Kidnapping offense below.

Aggravated Kidnapping is not simply an enhanced Kidnapping offense, it is an entirely different offense. Learn more about the Kidnapping offense in Texas here

Aggravated Kidnapping is classified in the Texas Penal Code under Title 5 “Offenses Against The Person”, Chapter 20 “Kidnapping, Unlawful Restraint, and Smuggling of Persons.”

What is the current Texas law about Aggravated Kidnapping?

The current Texas law 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 Aggravated Kidnapping?

You can be charged with Aggravated Kidnapping 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 punishment for Aggravated Kidnapping?

A conviction for Aggravated Kidnapping is punished as a felony of the first degree,^[2] 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.^[3] 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 20 years. Learn about the differences between grades of felonies and misdemeanors

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Legal References:

^1. Texas Penal Code §20.04^2. Texas Penal Code Section 20.04(c)^3. Texas Penal Code Section 20.04(d)