2. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 2 Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have.TEA Copyrights

3. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Restrain – to restrict a person's movements without consent in such a way as to interfere with their liberty › by moving the person from place to place › by confining the person 3

4. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Restraint “without consent”: › Force, intimidation, or deception OR › Victim is under 14 or incompetent, and the parent has not given permission OR › Victim is 14-16 years of age and is taken outside of a 120-mile radius without the parents' permission 4

5. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Abduct – to restrain a person with intent to prevent his freedom by: › Hiding him/her where he won't be found › Using or threatening to use deadly force 5

6. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Unlawful Restraint: › When a person intentionally or knowingly restrains another person › Affirmative Defenses: 1.Person was younger than 14 2.Actor was a relative of the child 3.Actor's sole intent was to assume lawful control of the child 6

7. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Unlawful Restraint: › Punishments:  Class A Misdemeanor, unless  State Jail Felony  Child is younger than 17  Third Degree Felony  Victim is:  exposed to risk of serious bodily injury  public servant who is discharging an official duty  Actor is in custody and restrains another 7

8. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Kidnapping: › The Actor:  Intentionally or knowingly  Abducts another person  Restrains person  Threatens to use deadly force › Third Degree Felony › Affirmative Defenses:  No threat of deadly force  Victim was a relative  Actor's sole intent was to assume lawful control of victim 8

9. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Aggravated Kidnapping: › Kidnapping and has the intent to:  hold the person for ransom or reward  use the person as a shield or hostage  flight after attempt or commission of a felony  inflict bodily injury on the person or violate/abuse him sexually  terrorize the victim or a third person  interfere with the performance of any governmental or political function 9

10. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Aggravated Kidnapping: › If the suspect uses or exhibits a deadly weapon during a kidnapping › 1 st Degree Felony › It is a 2 nd Degree Felony if the actor voluntarily releases the victim in a safe place. 10

11. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Unlawful Transport: › The Actor:  Is paid to transport a person in a manner that conceals the person from law enforcement, AND  Substantial likelihood of serious bodily injury or death › State Jail Felony 11

12. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Texas Penal Code: http://www.statutes.legis.state.tx.us/http://www.statutes.legis.state.tx.us/ 12