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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.
(c) [amended 9/1/97] An offense under this section is a Class B misdemeanor unless:
(1) the person restrained was a child younger than 14 years of age, in which event the offense is a Class A misdemeanor; or
(2) the actor recklessly exposes the victim to a substantial risk of serious bodily injury, in which event it is a felony of the third degree.
(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.
Before 9/1/97 Sec. 20.02 was named "False Imprisionment" and (c) provided:
(c) An offense under this section is a Class B misdemeanor unless the actor recklessly exposes the victim to a substantial risk of serious bodily injury, in which event it is a felony of the third degree.
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© 2006 Lang Baker