Tex. Codes » Penal Code · TITLE 5. OFFENSES AGAINST THE PERSON · CHAPTER 20. KIDNAPPING, UNLAWFUL RESTRAINT, AND SMUGGLING OF PERSONS
Texas Codes

Tex. Penal Code § 20.01 (2026)

Definitions

✓ current as of May 2026
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Sec. 20.01. DEFINITIONS. In this chapter:

(1) "Restrain" means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. Restraint is "without consent" if it is accomplished by:

(A) force, intimidation, or deception; or

(B) any means, including acquiescence of the victim, if:

(i) the victim is a child who is less than 14 years of age or an incompetent person and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement or confinement; or

(ii) the victim is a child who is 14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim's residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement.

(2) "Abduct" means to restrain a person with intent to prevent his liberation by:

(A) secreting or holding him in a place where he is not likely to be found; or

(B) using or threatening to use deadly force.

(3) "Relative" means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.

(4) "Person" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code.

(5) Notwithstanding Section 1.07, "individual" means a human being who has been born and is alive.

(6) "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code.

(7) "Firearm" has the meaning assigned by Section 46.01.

(8) "Special investigator" includes an agent of the United States Department of Homeland Security.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 790, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 822, Sec. 2.03, eff. Sept. 1, 2003.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 112 (S.B. 1258), Sec. 4, eff. September 1, 2019.

Acts 2021, 87th Leg., R.S., Ch. 572 (S.B. 576), Sec. 1, eff. September 1, 2021.

Notes of Decisions
Cited in 213 cases (21 in the last 5 years), 1984–2025 · leading case: Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009).
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Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009). · cites it 10× “Tex. Penal Code Ann. § 20.01 (2) (Vernon 2003).”
Curry v. State, 30 S.W.3d 394 (Tex. Crim. App. 2000). · cites it 6× “[48] Tex. Penal Code § 20.01(2). [49] 642 S.W.”
Griffin v. State, 491 S.W.3d 771 (Tex. Crim. App. 2016). · cites it 5× “Tex. Penal Code § 20.01(1). Restraint is without consent if it is accomplished by: (A) force, intimidation, or deception; or (B) any means, including ac-quie'scence of the victim, if he is a child less than fourteen years of age and the parent, guardian, or person or institution…”
Stephan Andrew Cox v. State, 497 S.W.3d 42 (Tex. App. 2016). · cites it 10× “” Tex. Penal Code Ann. § 20.01 (2) (West 2011).”
Swearingen v. State, 101 S.W.3d 89 (Tex. Crim. App. 2003). · cites it 2× “Tex. Penal Code §§ 20.01(1)(A),(2)(A) & (B), 20.”
Brimage v. State, 918 S.W.2d 466 (Tex. Crim. App. 1996). · cites it 4× “See TEX.PENAL CODE ANN. § 20.01 (Vernon Supp.”
King v. State, 29 S.W.3d 556 (Tex. Crim. App. 2000). · cites it 2× “TexPenal Code § 20.01 (2)(B). 20 . TexPenal Code § 20.”
Dewalt v. State, 307 S.W.3d 437 (Tex. App. 2010). · cites it 4× “See Tex. Penal Code Ann. § 20.01 (a)(1), (2).”
Megas v. State, 68 S.W.3d 234 (Tex. App. 2002). · cites it 4× “See Tex. Penal Code Ann. §§ 20.01 (l)-(2) (Vernon Supp.”
Llorens v. State, 520 S.W.3d 129 (Tex. App. 2017). · cites it 5× “Further, the kidnapping statute requires proof that the person abducted did not consent, see Tex. Penal Code § 20.01(1), but the interference statute does not require proof of the child’s consent in any of the alternative manners of committing the crime, see id.”
Wilson v. State, 863 S.W.2d 59 (Tex. Crim. App. 1993). · cites it 6× “Tex.Penal Code Ann. § 20.01(2). "Restrain" means to restrict a person's movements without consent, so as to interfere substantially with his liberty, by moving him from one place to another or by confining him.”
Neville v. Dretke, 423 F.3d 474 (5th Cir. 2005). · cites it 3× “Tex. Penal Code § 20.01(1). Restraint is without consent when it is accomplished by force, intimidation, or deception.”
Show all 213 citing cases →
— Tex. Penal Code § 20.01(1) — 58 cases
Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009). “Tex. Penal Code Ann. § 20.01 (2) (Vernon 2003).”
Curry v. State, 30 S.W.3d 394 (Tex. Crim. App. 2000). “[48] Tex. Penal Code § 20.01(2). [49] 642 S.W.”
Herrin v. State, 125 S.W.3d 436 (Tex. Crim. App. 2002).
Wilson v. State, 863 S.W.2d 59 (Tex. Crim. App. 1993). “Tex.Penal Code Ann. § 20.01(2). "Restrain" means to restrict a person's movements without consent, so as to interfere substantially with his liberty, by moving him from one place to another or by confining him.”
Brimage v. State, 918 S.W.2d 466 (Tex. Crim. App. 1996). “See TEX.PENAL CODE ANN. § 20.01 (Vernon Supp.”
— Tex. Penal Code § 20.01(1)(A) — 19 cases
Swearingen v. State, 101 S.W.3d 89 (Tex. Crim. App. 2003). “Tex. Penal Code §§ 20.01(1)(A),(2)(A) & (B), 20.”
King v. State, 29 S.W.3d 556 (Tex. Crim. App. 2000). “TexPenal Code § 20.01 (2)(B). 20 . TexPenal Code § 20.”
Griffin v. State, 491 S.W.3d 771 (Tex. Crim. App. 2016). “Tex. Penal Code § 20.01(1). Restraint is without consent if it is accomplished by: (A) force, intimidation, or deception; or (B) any means, including ac-quie'scence of the victim, if he is a child less than fourteen years of age and the parent, guardian, or person or institution…”
Neville v. Dretke, 423 F.3d 474 (5th Cir. 2005). “Tex. Penal Code § 20.01(1). Restraint is without consent when it is accomplished by force, intimidation, or deception.”
Gonzales v. State, 190 S.W.3d 125 (Tex. App. 2006).
— Tex. Penal Code § 20.01(1)(B) — 3 cases
Earhart v. State, 823 S.W.2d 607 (Tex. Crim. App. 1991).
Llorens v. State, 520 S.W.3d 129 (Tex. App. 2017). “Further, the kidnapping statute requires proof that the person abducted did not consent, see Tex. Penal Code § 20.01(1), but the interference statute does not require proof of the child’s consent in any of the alternative manners of committing the crime, see id.”
Clyde Joe Parker v. the State of Texas (Tex. App. 2023).
— Tex. Penal Code § 20.01(1)(B)(I) — 3 cases
Griffin v. State, 491 S.W.3d 771 (Tex. Crim. App. 2016). “Tex. Penal Code § 20.01(1). Restraint is without consent if it is accomplished by: (A) force, intimidation, or deception; or (B) any means, including ac-quie'scence of the victim, if he is a child less than fourteen years of age and the parent, guardian, or person or institution…”
Guymon, James Thomas (Tex. Crim. App. 2005).
Burns, Andrew J (Tex. Crim. App. 2012).
— Tex. Penal Code § 20.01(1)(B)(i) — 6 cases
Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009). “Tex. Penal Code Ann. § 20.01 (2) (Vernon 2003).”
Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009).
David Monroe Smitherman v. the State of Texas (Tex. App. 2022).
David Monroe Smitherman v. the State of Texas (Tex. App. 2022).
Zenas Montre Whitaker v. the State of Texas (Tex. App. 2023).
— Tex. Penal Code § 20.01(1)(B)(ii) — 1 case
Eric Calvin Tuazon v. the State of Texas (Tex. App. 2023).
— Tex. Penal Code § 20.01(1)(a) — 1 case
Jeffery Noblett v. State (Tex. Crim. App. 2015).
— Tex. Penal Code § 20.01(2) — 50 cases
Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009). “Tex. Penal Code Ann. § 20.01 (2) (Vernon 2003).”
Curry v. State, 30 S.W.3d 394 (Tex. Crim. App. 2000). “[48] Tex. Penal Code § 20.01(2). [49] 642 S.W.”
Prudholm v. State, 333 S.W.3d 590 (Tex. Crim. App. 2011).
Llorens v. State, 520 S.W.3d 129 (Tex. App. 2017). “Further, the kidnapping statute requires proof that the person abducted did not consent, see Tex. Penal Code § 20.01(1), but the interference statute does not require proof of the child’s consent in any of the alternative manners of committing the crime, see id.”
Jenkins v. State, 248 S.W.3d 291 (Tex. App. 2008).
— Tex. Penal Code § 20.01(2)(A) — 18 cases
Kenny v. State, 292 S.W.3d 89 (Tex. App. 2008).
Griffin v. State, 491 S.W.3d 771 (Tex. Crim. App. 2016). “Tex. Penal Code § 20.01(1). Restraint is without consent if it is accomplished by: (A) force, intimidation, or deception; or (B) any means, including ac-quie'scence of the victim, if he is a child less than fourteen years of age and the parent, guardian, or person or institution…”
Wiley v. State, 820 S.W.2d 401 (Tex. App. 1991).
Kirven v. State, 293 S.W.3d 233 (Tex. App. 2009).
Hudson v. State, 366 S.W.3d 878 (Tex. App. 2012).
— Tex. Penal Code § 20.01(2)(A)(B) — 2 cases
Curry v. State, 1 S.W.3d 175 (Tex. App. 1999).
Curry v. State, 966 S.W.2d 203 (Tex. App. 1998).
— Tex. Penal Code § 20.01(2)(B) — 13 cases
Gonzales v. State, 190 S.W.3d 125 (Tex. App. 2006).
Kenny v. State, 292 S.W.3d 89 (Tex. App. 2008).
Hudson v. State, 366 S.W.3d 878 (Tex. App. 2012).
Jenkins v. State, 248 S.W.3d 291 (Tex. App. 2008).
Garza Garza v. State, 788 S.W.2d 651 (Tex. App. 1990).
— Tex. Penal Code § 20.01(3) — 1 case
Lugo v. State, 923 S.W.2d 598 (Tex. App. 1995).
— Tex. Penal Code § 20.01(l)(B)(i) — 2 cases
Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009). “Tex. Penal Code Ann. § 20.01 (2) (Vernon 2003).”
Griffin v. State, 491 S.W.3d 771 (Tex. Crim. App. 2016). “Tex. Penal Code § 20.01(1). Restraint is without consent if it is accomplished by: (A) force, intimidation, or deception; or (B) any means, including ac-quie'scence of the victim, if he is a child less than fourteen years of age and the parent, guardian, or person or institution…”
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