Kidnapping can occur in many contexts, from a parent taking a child away from the other custodian, to an adult forcibly holding another adult hostage for personal gain. In the vast majority of cases, those accused of kidnapping may be able to use the law to show that the situation was different from how it was perceived by another party.
For example, a parent may have a good reason for taking the child away from the other custodian. Perhaps he or she had reason to believe that they were in danger, and in taking the child, they believed that they were doing the responsible thing. They may be facing a kidnapping accusation regardless and will then need to defend themselves.
How is a kidnapping charge defined?
For a person to be found guilty of kidnapping, the act must have been intentional, and they must have knowingly abducted another person. The higher charge of aggravated kidnapping comes into effect if a ransom was ordered, if the victim suffered injury, or if they were held in a hostage situation.
How serious is a kidnapping charge?
In the state of Texas, the crime of kidnapping is considered a third-degree felony; therefore, it has very serious consequences. A guilty charge will result in a state prison sentence of between two and 10 years, and it may also include a fine of up to $10,000.
If you have been accused of kidnapping a child in the state of Texas, it is important that you take immediate action in order to adequately defend yourself. You should also make sure to understand the law.