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CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT
§ 20.04. AGGRAVATED KIDNAPPING.
(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.
(c) Except as provided by Subsection (d), an offense under
this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may
raise the issue as to whether he voluntarily released the victim in
a safe place. If the defendant proves the issue in the affirmative
by a preponderance of the evidence, the offense is a felony of the
second degree. |
