Kidnapping is famously a federal crime. The Federal Bureau of Investigation always shows up when a suspected kidnapping takes place, starting with the kidnapping of Charles Lindbergh’s toddler son in 1932, even though kidnapping at that point was not a federal crime. Congress passed a law that same year making kidnapping a federal matter, and ever since then the FBI has been the lead agency on virtually all kidnappings. However, many states still have kidnapping statutes on the books, making the crime a state violation, as well. Texas is one of them.
Federal Kidnapping Charges Do Not Preclude State Charges
Most kidnapping cases are prosecuted by the federal government. This is because most kidnappings involve communication by mail, telephone, internet, or other means that bring federal jurisdiction into play, usually when communicating ransom demands. That does not mean that Texas cannot also prosecute you for kidnapping, or prosecute you under state law if there is no federal jurisdiction. In fact, the crime of kidnapping in Texas is pretty simple under state law: you commit the crime of kidnapping if you knowingly or intentionally abduct another person. The law defines abduction as restraining someone to prevent their “liberation” by keeping them somewhere they are unlikely to be found or threatening or intending to use deadly force. The prosecution must prove these elements to convict you of kidnapping.
There is an affirmative defense to a kidnapping charge, as well. You can defeat a kidnapping charge if you can show that:
- The abduction did not involve a threat or intent to use deadly force
- You are a relative of the person abducted
- Your only intent in the abduction was to assume lawful control over the person abducted. This is most common in child custody disputes.
A Kidnapping Conviction Can Bring Prison Time
Even for a first-time offense, a conviction on Texas kidnapping charges likely will land you in prison. Kidnapping under Texas law is a third-degree felony. Third-degree felonies in Texas are punished by:
- Prison time of at least two years but no more than 10 years
- A fine of up to $10,000
If You are Charged With Kidnapping in Houston, Seek Help From Madrid Law Firm
In the popular imagination, kidnapping charges bring to mind images of FBI agents descending on the crime scene to investigate. While kidnapping is indeed a federal crime in most instances, it remains a state crime in Texas, as well, and you can be prosecuted for kidnapping under state law regardless of whether the federal government becomes involved in the case or chooses to prosecute you for a federal violation. That will not let you off the hook – the state can still pursue a kidnapping charge. If you are facing a state kidnapping charge, you need to realize that you could find yourself in prison for up to 10 years. Act with the prudence such a situation calls for and get experienced legal help. Call the Madrid Law Firm and find out what your options are. Odds are they can help.
