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"_________" 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.
"_________" 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.
What is the Title of Penal Code Chapter 20?
What is the Title of Penal Code Chapter 20?
A person less than ______ years of age or an incompetent person cannot give ______.
A person less than ______ years of age or an incompetent person cannot give ______.
A victim who is a child 14 years of age or older and younger than 17 years of age, cannot be taken outside of the state and outside a _______-mile radius from the victim's residence, when the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement.
A victim who is a child 14 years of age or older and younger than 17 years of age, cannot be taken outside of the state and outside a _______-mile radius from the victim's residence, when the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement.
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"________" means to restrain a person with intent to prevent his liberation by secreting or holding him in a place where he is not likely to be found; or using or threatening to use deadly force.
"________" means to restrain a person with intent to prevent his liberation by secreting or holding him in a place where he is not likely to be found; or using or threatening to use deadly force.
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"_______" means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
"_______" means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
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"________" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code.
"________" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code.
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"_________" includes an agent of the United States Department of Homeland Security.
"_________" includes an agent of the United States Department of Homeland Security.
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A person commits an offense if he intentionally or knowingly restrains another person. Is what offense?
A person commits an offense if he intentionally or knowingly restrains another person. Is what offense?
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It is an affirmative defense to the offense "Unlawful Restraint" that the person restrained was a child younger than _______ years of age, actor was a relative of the child, and the actor's sole intent was to assume lawful control of the child.
It is an affirmative defense to the offense "Unlawful Restraint" that the person restrained was a child younger than _______ years of age, actor was a relative of the child, and the actor's sole intent was to assume lawful control of the child.
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What is the penalty for the offense of, "Unlawful Restraint"?
What is the penalty for the offense of, "Unlawful Restraint"?
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What is the penalty for the offense of, "Unlawful Restraint" if the person restrained was a child younger than 17 years of age?
What is the penalty for the offense of, "Unlawful Restraint" if the person restrained was a child younger than 17 years of age?
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What is the penalty for the offense of, "Unlawful Restraint" if: the actor recklessly exposes the victim to a substantial risk of serious bodily injury?
What is the penalty for the offense of, "Unlawful Restraint" if: the actor recklessly exposes the victim to a substantial risk of serious bodily injury?
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What is the penalty for the offense of, "Unlawful Restraint" if: 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?
What is the penalty for the offense of, "Unlawful Restraint" if: 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?
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What is the penalty for the offense of, "Unlawful Restraint" if: the actor, while in custody or committed to a civil commitment facility, restrains any other person?
What is the penalty for the offense of, "Unlawful Restraint" if: the actor, while in custody or committed to a civil commitment facility, restrains any other person?
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What is the penalty for the offense of, "Unlawful Restraint" 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?
What is the penalty for the offense of, "Unlawful Restraint" 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?
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It is an affirmative defense to the offense of, "Unlawful Restraint" that: the person restrained was a child who was 14 years of age or older and younger than 17 years of age when the actor did not restrain the child by force, intimidation, or deception; and the actor was not more than ______ years older than the child.
It is an affirmative defense to the offense of, "Unlawful Restraint" that: the person restrained was a child who was 14 years of age or older and younger than 17 years of age when the actor did not restrain the child by force, intimidation, or deception; and the actor was not more than ______ years older than the child.
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A person commits an offense if he intentionally or knowingly abducts another person. Is what offense?
A person commits an offense if he intentionally or knowingly abducts another person. Is what offense?
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True or False: The abduction was not coupled with intent to use or to threaten to use deadly force is not an affirmative defense to the offense, "Kidnapping."
True or False: The abduction was not coupled with intent to use or to threaten to use deadly force is not an affirmative defense to the offense, "Kidnapping."
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True or False: It is an affirmative defense to the offense, "Kidnapping" that the actor was a relative of the person abducted; and the actor's sole intent was to assume lawful control of the victim.
True or False: It is an affirmative defense to the offense, "Kidnapping" that the actor was a relative of the person abducted; and the actor's sole intent was to assume lawful control of the victim.
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What is the penalty for the offense, "Kidnapping?"
What is the penalty for the offense, "Kidnapping?"
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A person commits an offense if the person knowingly: uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to: conceal the individual from a peace officer or special investigator; or flees from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor. Is what offense?
A person commits an offense if the person knowingly: uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to: conceal the individual from a peace officer or special investigator; or flees from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor. Is what offense?
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A person commits an offense if the person knowingly: encourages or induces a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection. Is what offense?
A person commits an offense if the person knowingly: encourages or induces a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection. Is what offense?
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What is the penalty for the offense, "Smuggling of Persons?"
What is the penalty for the offense, "Smuggling of Persons?"
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A person commits an offense if the person knowingly assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner. Is what offense?
A person commits an offense if the person knowingly assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner. Is what offense?
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What is the penalty for the offense, "Smuggling of Persons" if: (A) the actor commits the offense in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death; (B) the smuggled individual is a child younger than 18 years of age at the time of the offense; (C) the offense was committed with the intent to obtain a pecuniary benefit; (D) during the commission of the offense the actor, another party to the offense, or an individual assisted, guided, or directed by the actor knowingly possessed a firearm; or (E) flees from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor?
What is the penalty for the offense, "Smuggling of Persons" if: (A) the actor commits the offense in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death; (B) the smuggled individual is a child younger than 18 years of age at the time of the offense; (C) the offense was committed with the intent to obtain a pecuniary benefit; (D) during the commission of the offense the actor, another party to the offense, or an individual assisted, guided, or directed by the actor knowingly possessed a firearm; or (E) flees from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor?
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What is the penalty for the offense, "Smuggling of Persons" if: it is shown on the trial of the offense that, as a direct result of the commission of the offense, the smuggled individual became a victim of sexual assault, or aggravated sexual assault; or the smuggled individual suffered serious bodily injury or death?
What is the penalty for the offense, "Smuggling of Persons" if: it is shown on the trial of the offense that, as a direct result of the commission of the offense, the smuggled individual became a victim of sexual assault, or aggravated sexual assault; or the smuggled individual suffered serious bodily injury or death?
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True or False: It is an affirmative defense to the offense, "Smuggling of Persons" that the actor was related to the smuggled individual within the second degree of consanguinity or, at the time of the offense, within the second degree of affinity.
True or False: It is an affirmative defense to the offense, "Smuggling of Persons" that the actor was related to the smuggled individual within the second degree of consanguinity or, at the time of the offense, within the second degree of affinity.
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A person commits an offense if he intentionally or knowingly abducts another person with the intent to: hold him for ransom or reward; use him as a shield or hostage; facilitate the commission of a felony or the flight after the attempt or commission of a felony; inflict bodily injury on him or violate or abuse him sexually; terrorize him or a third person; or interfere with the performance of any governmental or political function. Is what offense?
A person commits an offense if he intentionally or knowingly abducts another person with the intent to: hold him for ransom or reward; use him as a shield or hostage; facilitate the commission of a felony or the flight after the attempt or commission of a felony; inflict bodily injury on him or violate or abuse him sexually; terrorize him or a third person; or interfere with the performance of any governmental or political function. Is what offense?
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What is the penalty for the offense, "Aggravated Kidnapping?"
What is the penalty for the offense, "Aggravated Kidnapping?"
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What is the punishment for the offense, "Aggravated Kidnapping" if the defendant proves the issue in the affirmative by a preponderance of the evidence that they voluntarily released the victim in a safe place?
What is the punishment for the offense, "Aggravated Kidnapping" if the defendant proves the issue in the affirmative by a preponderance of the evidence that they voluntarily released the victim in a safe place?
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For the offense, "Continuous Smuggling of Persons" a person commits
an offense if, during a period that is ___ or more days in duration, the person engages ____ or more times of, "Smuggling of Persons."
For the offense, "Continuous Smuggling of Persons" a person commits an offense if, during a period that is ___ or more days in duration, the person engages ____ or more times of, "Smuggling of Persons."
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What is the punishment for the offense, "Continuous Smuggling of Persons?"
What is the punishment for the offense, "Continuous Smuggling of Persons?"
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What is the punishment for the offense, "Continuous Smuggling of Persons" if: while smuggling a person the actor's conduct creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death; or the smuggled individual is a child younger than 18 years of age at the time of the offense?
What is the punishment for the offense, "Continuous Smuggling of Persons" if: while smuggling a person the actor's conduct creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death; or the smuggled individual is a child younger than 18 years of age at the time of the offense?
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What is the punishment for the offense, "Continuous Smuggling of Persons" that as a direct result of the commission of the offense, the smuggled individual became a victim of sexual assault, aggravated sexual assault, or the smuggled individual suffered serious bodily injury or death?
What is the punishment for the offense, "Continuous Smuggling of Persons" that as a direct result of the commission of the offense, the smuggled individual became a victim of sexual assault, aggravated sexual assault, or the smuggled individual suffered serious bodily injury or death?
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A person commits an offense if the person knowingly: uses or permits another to use any real estate, building, room, tent, vehicle, boat, or other property owned by the person or under the person's control to commit an offense or to facilitate the commission of an offense under Section 20.05, 20.06, 20A.02, 20A.03, 43.04, or 43.05; or (2) rents or leases any property to another, intending that the property be used as described by Subdivision (1). Is what offense?
A person commits an offense if the person knowingly: uses or permits another to use any real estate, building, room, tent, vehicle, boat, or other property owned by the person or under the person's control to commit an offense or to facilitate the commission of an offense under Section 20.05, 20.06, 20A.02, 20A.03, 43.04, or 43.05; or (2) rents or leases any property to another, intending that the property be used as described by Subdivision (1). Is what offense?
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What is the punishment for the offense, "Operation of Stash House?"
What is the punishment for the offense, "Operation of Stash House?"
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Study Notes
Restrictive Movements
- "Restrict" means to restrict a person's movements without consent, interfering with their liberty by moving or confining them.
Unlawful Restraint
- A person commits an offense if they intentionally or knowingly restrain another person.
- Penalty:
- Third-degree felony
- Second-degree felony if the person restrained is a child younger than 17 years of age
- First-degree felony if the actor recklessly exposes the victim to a substantial risk of serious bodily injury
- First-degree felony if the actor restrains a public servant or peace officer
- First-degree felony if the actor, while in custody or committed to a civil commitment facility, restrains another person
- Affirmative defenses:
- The person restrained was a child younger than 14 years of age, and the actor was a relative of the child, and the actor's sole intent was to assume lawful control of the child
- The person restrained was a child 14 years of age or older and younger than 17 years of age when the actor did not restrain the child by force, intimidation, or deception; and the actor was not more than three years older than the child
Kidnapping
- A person commits an offense if they intentionally or knowingly abduct another person.
- Penalty: First-degree felony
- Affirmative defense:
- The actor was a relative of the person abducted; and the actor's sole intent was to assume lawful control of the victim
- Not an affirmative defense: The abduction was not coupled with intent to use or to threaten to use deadly force.
Smuggling of Persons
- A person commits an offense if they knowingly use a means of conveyance to transport an individual with the intent to conceal or flee from a peace officer.
- Penalty:
- Third-degree felony
- Second-degree felony if the actor commits the offense in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death
- Second-degree felony if the smuggled individual is a child younger than 18 years of age
- First-degree felony if it is shown on the trial of the offense that the smuggled individual became a victim of sexual assault, aggravated sexual assault, or suffered serious bodily injury or death
- Not an affirmative defense: The actor was related to the smuggled individual within the second degree of consanguinity or, at the time of the offense, within the second degree of affinity.
Aggravated Kidnapping
- A person commits an offense if they intentionally or knowingly abduct another person with the intent to hold for ransom, use as a shield or hostage, facilitate a felony, inflict bodily injury, terrorize, or interfere with a governmental function.
- Penalty:
- First-degree felony
- Punishment can be reduced if the defendant proves that they voluntarily released the victim in a safe place.
Continuous Smuggling of Persons
- A person commits an offense if they engage in "Smuggling of Persons" two or more times during a period of 30 or more days.
- Penalty:
- Second-degree felony
- First-degree felony if the conduct creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death
- First-degree felony if the smuggled individual is a child younger than 18 years of age
- Life imprisonment or death if the smuggled individual becomes a victim of sexual assault, aggravated sexual assault, or suffers serious bodily injury or death.
Operation of Stash House
- A person commits an offense if they knowingly use or permit another to use property to commit an offense or to facilitate the commission of an offense under Sections 20.05, 20.06, 20A.02, 20A.03, 43.04, or 43.05.
- Penalty:
- Third-degree felony
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