Professional Documents
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Kidnapping
Legal Encyclopedias
C.J.S., Abduction §§ 1 to 27
C.J.S., Kidnapping §§ 1 to 7
The alternative elements of secreting victims where they are not likely to be
found
or threatening to use deadly force are elements of the culpable mental state
of
intent to prevent liberation rather than elements of the conduct. Kidnapping
is the
knowing and intentional abduction of a person. Abduct means to restrain a
person
with the intent to prevent liberation by either secreting someone where they
are not
likely to be found or using or threatening to use deadly force. These two
alternatives modify the culpable mental state of intent to prevent liberation.
Under
this interpretation the offense is complete once a restraint is accomplished
and
there is evidence that the actor intended to prevent liberation by one of the
two
alternatives, rather than being complete once restraint is accomplished by the
use
of secretion or force.
Secreting a victim occurs when the victim is left in a situation where help is
not
likely to be forthcoming. Even if the victim has access to escape or other
persons
or innocent individuals are around the victim, kidnaping occurs if the victim
is
physically unable to take advantage of the opportunity.[FN9]
Deadly force does not require a specific threat; it may be accomplished, just
as in
any other offense, by the mere display of a deadly weapon.[FN10]
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[FN10] Jernigan v. State, 706 S.W.2d 813 (Tex.App.—Fort Worth 1986, pet.
ref'd). See
also Rodriguez v. State, 730 S.W.2d 75 (Tex.App.—Corpus Christi 1987, no
pet.).