Agreement to Abduct From Custody graphic with Texas flag

Agreement to Abduct From Custody

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.

Have you been charged with Agreement to Abduct From Custody? Call criminal lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.

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 is 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


Legal References:

1 Texas Penal Code §25.021

2 Texas Penal Code §25.031(b)

Recent Case Results

  • 2019 Not Guilty in Collin County DWI >0.15
  • 2019 Not Guilty in Dallas County Indecency with a Child
  • Oral Argument at the United States Federal 5th Circuit Court of Appeals on Prosecutorial Misconduct Claim arising out of Northern District of Texas
  • 2018 Not Guilty in Martin County Aggravated Assault with a Deadly Weapon on a Peace Officer
  • Not Guilty in 2018 Dallas County DWI Trial
  • Client cleared in Dallas Police Shooting wrongful accusation
  • Federal sentencing results in 10 Year Downward Deviation from Sentencing Guidelines in 2018
  • Not Guilty Jury Verdict for client originally accused of Intoxication Manslaughter
  • Case Dismissed after picking jury in Aggravated Sexual Assault of Child case in 2017
  • United States Attorney dismisses case against client charged in El Paso Federal Court with Possession of Child Pornography
  • ALL CHARGES DISMISSED against our client in the Twin Peaks Waco Biker case
  • Client “No-billed” by grand jury investigating shooting death case
  • Coverage of Case Involving Waco teacher sending messages to student
  • Judge returns a Directed Verdict of Acquittal in case involving trainer of professional athletes
  • Rare Not Guilty verdict in Rockwall County DWI
  • 2016 Dismissal of Fort Worth Federal Possession of Obscene Visual Representation of the Sexual Abuse of Children
  • Hill County Money Laundering case Dismissed and civil asset forfeiture assets returned
  • Coverage of teen Lewisville client charged with hit-and-run death
  • Two Montague County Indecency with a Child cases Dismissed