Penal Code · §20.02

Unlawful Restraint

Elements

  • A person
  • Intentionally or knowingly
  • Restrains another person
  • ("Restrain" means to restrict a person's movements without consent so as to interfere substantially with the person's liberty)

Penalty

Class A misdemeanor base — up to 1 year county jail + up to $4,000 fine (§12.21). State jail felony if the victim was a child younger than 17 — 180 days to 2 years state jail + up to $10,000 fine (§12.35).

Enhancements

Third-degree felony if: actor recklessly exposes the victim to a substantial risk of serious bodily injury; the victim is a public servant lawfully discharging duties; or the actor was armed with a deadly weapon. — 2 to 10 years TDCJ + up to $10,000 fine (§12.34).

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