Aggravated Kidnapping
Abducts another with intent to (1) hold for ransom; (2) use as shield or hostage; (3) facilitate felony or flight; (4) inflict bodily injury or violate sexually; (5) terrorize victim or third person; or (6) interfere with government function — OR abducts another and uses or exhibits a deadly weapon.
To prove this offense, the State must establish each of the following elements: Abducts another person; Plus listed intent (ransom/hostage/sexual abuse/terrorize/etc.) OR; Uses or exhibits a deadly weapon during the offense; 1st degree felony.
The base classification is 1st degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Abducts another person
- Plus listed intent (ransom/hostage/sexual abuse/terrorize/etc.) OR
- Uses or exhibits a deadly weapon during the offense
- 1st degree felony
Abducts another with intent to (1) hold for ransom; (2) use as shield or hostage; (3) facilitate felony or flight; (4) inflict bodily injury or violate sexually; (5) terrorize victim or third person; or (6) interfere with government function — OR abducts another and uses or exhibits a deadly weapon.
| If this condition applies… | Charge escalates to |
|---|---|
| Voluntary safe release in safe place (defendant's burden at punishment) | Reduced to 2nd degree felony |
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Worked examples
Aggravated Kidnapping (§20.04) is committed by abducting another with one of the listed culpable purposes (ransom, hostage, sexual abuse, terrorize, hold/use as a shield, facilitate felony or flight, inflict bodily injury) OR:
- The victim is over 18
- Using or exhibiting a deadly weapon during the offense Correct
- The kidnapping lasts more than 12 hours
- The actor is the victim's family member
A man pulls a knife on a 16-year-old at a bus stop, forces her into the back seat of his car at knifepoint, and drives away. Charge?
- Unlawful Restraint — Class A misdemeanor
- Kidnapping — 3rd degree felony
- Aggravated Kidnapping (deadly weapon used) — 1st degree felony Correct
- Robbery — 2nd degree felony