The Thin Line Between Kidnapping and Unlawful Restraint in TX

 Posted on October 10, 2025 in Criminal Defense

You may be surprised to learn that unlawful restraint (Texas Penal Code Section 20.02) and kidnapping (Texas Penal Code Section 20.03) are two separate crimes under Texas law, with dramatically different penalties. A situation that could begin with an allegation that an individual was being held against his or her will can quickly escalate into felony kidnapping charges.

The line between the two crimes is incredibly thin; knowing where the law draws that line could mean the difference between misdemeanor charges and spending decades in prison. Something as relatively minor as an argument between spouses that results in the husband grabbing his wife’s phone and blocking the doorway could be charged as unlawful restraint, and while it is a misdemeanor offense, it can still result in many unintended consequences.

A Houston, TX criminal defense attorney from Murphy & McKinney Law Firm, P.C. can ensure that the prosecutor is not overcharging you with kidnapping when you should be charged with the lesser offense of unlawful restraint. For either charge, you deserve a comprehensive, aggressive defense that will result in the best outcome possible.

What Are the Key Differences Between Unlawful Restraint and Kidnapping?

Unlawful restraint consists of restricting another person’s movement without consent, by force, intimidation, or deception, and can be as simple as locking a door or blocking the movements of another person.

Unlawful restraint is often charged during domestic disputes or workplace conflicts. Kidnapping is intentionally or knowingly abducting another person, restraining that person with the intent to prevent his or her freedom. This may be accomplished through using deadly force, threatening deadly force, or hiding the individual.  

What Are the Penalties for Unlawful Restraint vs. Kidnapping?

Unlawful restraint is usually charged as a Class A misdemeanor in Texas, with penalties of up to one year in jail and a maximum fine of $4,000. If the victim of the unlawful restraint is under the age of 17, the offense will be charged as a state jail felony with penalties of up to two years in state jail and/or a $10,000 fine.

If the victim of the unlawful restraint was a public servant who was performing his or her official duties, or if the conduct exposed the victim to a risk of serious bodily injury, it will be charged as a third-degree felony with penalties of two to 10 years in prison, and a maximum fine of $10,000. Kidnapping is generally charged as a third-degree felony, with those same penalties.

If the threat or use of a deadly weapon occurs, the victim is hidden, ransom is demanded, or sexual assault occurs during the kidnapping, the charges are elevated to aggravated kidnapping, a first-degree felony offense. The penalties for aggravated kidnapping include from five to 99 years in prison and a maximum fine of $10,000. Other factors that elevate "general" kidnapping charges include taking a child out of state or exposing them to harm.

Potential Defenses Against Unlawful Restraint and Kidnapping

While the exact defense will depend on the facts and circumstances of a case, some of the more common defenses include:

• The alleged victim consented to the restrictions on his or her movements.
• There was no attempt to hide the victim or prevent his or her escape.
• In custody disputes, the parental guardian defense may be implemented; however, ignoring a court-ordered custody agreement and taking a child across a state line could result in kidnapping charges.
• False allegations may be a defense if the unlawful restraint charges stemmed from a domestic dispute.

The distinction between unlawful restraint and kidnapping is crucial, as a conviction for unlawful restraint could potentially involve probation. In contrast, kidnapping is a felony charge that can include years or decades in prison.

Contact a Houston, TX Unlawful Restraint Attorney

If you have been charged with a criminal offense, you must consult with a Houston kidnapping lawyer from Murphy & McKinney Law Firm, P.C. as quickly as possible. You should never leave your future to chance; Attorney Murphy understands how prosecutors approach these cases and how to fight for reduced charges or a dismissal. To schedule your initial attorney meeting, call 713-229-8333.