Texas Penal Code

§ 20.01 — DEFINITIONS

PE § 20.01Title 5. OFFENSES AGAINST THE PERSON · Ch. 20. KIDNAPPING, UNLAWFUL RESTRAINT, AND

Statute text

In this chapter:

(1)"Restrain" means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. Restraint is "without consent" if it is accomplished by:

(A)force, intimidation, or deception; or

(B)any means, including acquiescence of the victim, if:

(i)the victim is a child who is less than 14 years of age or an incompetent person and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement or confinement; or

(ii)the victim is a child who is 14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim's residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement.

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Legislative history

Acts 2019, 86th Leg., R.S., Ch. 112 (S.B. 1258), Sec. 4, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 572 (S.B. 576), Sec. 1, eff. September 1, 2021.