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CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT
§ 20.02. UNLAWFUL RESTRAINT.
(a) A person commits an
offense if he intentionally or knowingly restrains another person.
(b) It is an affirmative defense to prosecution under this
section that:
(1) the person restrained was a child younger than 14
years of age;
(2) the actor was a relative of the child; and
(3) the actor's sole intent was to assume lawful
control of the child.
(c) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if the person restrained was a
child younger than 17 years of age; or
(2) a felony of the third degree if:
(A) the actor recklessly exposes the victim to a
substantial risk of serious bodily injury;
(B) the actor restrains an individual the actor
knows is a public servant while the public servant is lawfully
discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a
public servant; or
(C) the actor while in custody restrains any
other person.
(d) It is no offense to detain or move another under this
section when it is for the purpose of effecting a lawful arrest or
detaining an individual lawfully arrested.
(e) It is an affirmative defense to prosecution under this
section that:
(1) the person restrained was a child who is 14 years
of age or older and younger than 17 years of age;
(2) the actor does not restrain the child by force,
intimidation, or deception; and
(3) the actor is not more than three years older than
the child.
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