Texas Codes

Tex. Penal Code § 20.02 (2026)

Unlawful Restraint

✓ current as of May 2026

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Sec. 20.02. UNLAWFUL RESTRAINT. (a) A person commits an offense if he intentionally or knowingly restrains another person.

(b) It is an affirmative defense to prosecution under this section that:

(1) the person restrained was a child younger than 14 years of age;

(2) the actor was a relative of the child; and

(3) the actor's sole intent was to assume lawful control of the child.

(1) a state jail felony if the person restrained was a child younger than 17 years of age;

(2) a felony of the third degree if:

(A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury;

(B) the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or

(3) notwithstanding Subdivision (2)(B), a felony of the second degree if the actor restrains an individual the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge.

(d) It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested.

(e) It is an affirmative defense to prosecution under this section that:

(1) the person restrained was a child who is 14 years of age or older and younger than 17 years of age;

(2) the actor does not restrain the child by force, intimidation, or deception; and

(3) the actor is not more than three years older than the child.

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 1997, 75th Leg., ch. 707, Sec. 1(b), 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 790, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 524, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 440 (H.B. 2908), Sec. 2, eff. September 1, 2017.

Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 1, eff. September 1, 2023.

Notes of Decisions

Cited in 102 cases (27 in the last 5 years), 1983–2026 · 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 4× “[3] TEX. PENAL CODE § 20.02(a). [4] TEX. PENAL CODE § 20.”

United States v. Davis, 139 S. Ct. 2319 (2019). “050(1) (2018) ("substantial risk of death or serious physical injury"). 10 See, e.g. , Ark. Code § 5-11-103(a) (2013) ("substantial risk of serious physical injury"); Conn.”

Pleasant Glade Assembly of God v. Schubert, 264 S.W.3d 1 (Tex. 2008). · cites it 2× “It is difficult to determine what would meet the Court's standard, not least because the Court offers no analysis beyond its declaration that "this is not such a case.”

Anderson v. State, 125 S.W.3d 729 (Tex. App. 2003). · cites it 4× “Laws 3586 , 3615, with Tex Pen.Code Ann. § 20.02 (Vernon 2003). 3 .”

Harner v. State, 997 S.W.2d 695 (Tex. App. 1999). · cites it 2× “Tex. Pen.Code Ann. § 20.02 (Vernon 1994 & Supp.”

Jenkins v. State, 248 S.W.3d 291 (Tex. App. 2008). · cites it 2× “” Tex. Pen.Code Ann. § 20.02 (Vernon 2003).”

Prudholm v. State, 333 S.W.3d 590 (Tex. Crim. App. 2011). “…unlawful restraint to felony kidnapping, exposing a defendant to a ten-year rather than one-year maximum sentence. Tex Pen.Code §§ 20.02, 20.03.”

United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). “03 (West 1997); Tex. Penal Code Ann. § 20.02 (Vernon 2003) (elevating the offense to a felony if the victim is recklessly exposed to a substantial risk of serious bodily injury); Utah Code Ann.”

Haight v. State, 103 S.W.3d 498 (Tex. App. 2003). · cites it 2× “See Tex. Pen.Code Ann. § 20.02 (Vernon Supp. 2002).”

Zuniga v. State, 664 S.W.2d 366 (Tex. App. 1983). · cites it 3× “Compare TEX.PENAL CODE ANN. § 20.02 (Vernon 1974) with TEX.”

Saldana v. State, 59 S.W.3d 703 (Tex. App. 2001). “Tex. Penal Code Ann. § 20.02 (West 1994).”

Martha Hernandez v. State, 421 S.W.3d 712 (Tex. App. 2014). “Tex. Penal Code Ann. § 20.01 (2)(A) (West 2011).”

Show all 102 citing cases →

— Tex. Penal Code § 20.02(2) — 1 case

in Re Roy Nanez Jr. (Tex. App. 2020).

— Tex. Penal Code § 20.02(a) — 21 cases

Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009). “[3] TEX. PENAL CODE § 20.02(a). [4] TEX. PENAL CODE § 20.”

Anderson v. State, 125 S.W.3d 729 (Tex. App. 2003). “Laws 3586 , 3615, with Tex Pen.Code Ann. § 20.02 (Vernon 2003). 3 .”

Ramirez v. State, 692 S.W.2d 729 (Tex. App. 1985).

Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009).

Marcus Esede Ali v. State (Tex. App. 2018).

— Tex. Penal Code § 20.02(a)(2) — 1 case

Guadalupe Ramirez, III v. State (Tex. App. 2012).

— Tex. Penal Code § 20.02(b) — 1 case

Anderson v. State, 125 S.W.3d 729 (Tex. App. 2003). “Laws 3586 , 3615, with Tex Pen.Code Ann. § 20.02 (Vernon 2003). 3 .”

— Tex. Penal Code § 20.02(c) — 3 cases

Christopher Bechara Mouchantaf v. the State of Texas (Tex. App. 2022).

James Earnest Archer, Jr. v. the State of Texas (Tex. App. 2025).

Martinez v. State, 662 S.W.2d 453 (Tex. App. 1983).

— Tex. Penal Code § 20.02(c)(1) — 2 cases

Ex Parte: Joshua Turner (Tex. App. 2021).

Eric Calvin Tuazon v. the State of Texas (Tex. App. 2023).

— Tex. Penal Code § 20.02(c)(2)(A) — 2 cases

Braderick Benet Christian v. the State of Texas (Tex. App. 2022).

Eugene James Mingo, Jr. v. State (Tex. App. 2015).

— Tex. Penal Code § 20.02(e) — 1 case

Eric Calvin Tuazon v. the State of Texas (Tex. App. 2023).

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