The Agreement to Abduct From Custody crime in the state of Texas gives police the right to arrest you if they believe you agreed to forcibly abduct a child who is being cared for under the terms of a court order in exchange for some kind of compensation. Learn more detailed information about the Agreement to Abduct From Custody offense below.
AGREEMENT TO ABDUCT FROM CUSTODY ATTORNEY FAQs
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Agreement to Abduct From Custody is classified in the Texas Penal Code under Title 6 “Offenses Against The Family”, Chapter 25 “Offenses Against The Family.”
What is the current Texas law about Agreement to Abduct From Custody?
The current Texas law defines the offense of Agreement to Abduct from Custody in Penal Code Section §25.031 as follows:[1]
(a) A person commits an offense if the person agrees, for remuneration or the promise of remuneration, to abduct a child younger than 18 years of age by force, threat of force, misrepresentation, stealth, or unlawful entry, knowing that the child is under the care and control of a person having custody or physical possession of the child under a court order, including a temporary order, or under the care and control of another person who is exercising care and control with the consent of a person having custody or physical possession under a court order, including a temporary order.
The law seems to apply to natural parents and adopted parents, as well as anyone else. But it seems limited to covering children who are being cared for by a person who has a court order to care for the child and those to whom such a person gave consent to care for a child.
How can I be charged with Agreement to Abduct From Custody?
You can be charged with Agreement to Abduct From Custody if the state’s attorneys believe that each of the elements of 25.031(a) as described in the section above have been met. You do not have to have actually abducted the child; the prohibited act under this law is the agreement. The state’s attorneys might prove an agreement through many different forms of evidence. There does not have to be a written agreement or something explicitly set out in unambiguous terms.
What is the punishment for Agreement to Abduct From Custody?
A conviction for Agreement to Abduct From Custody is punished as a State Jail Felony,[2] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years. Learn about the differences between grades of felonies and misdemeanors
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