Name the three primary kidnapping-type statutes in the Texas Penal Code and identify the key elements they share and the key elements that separate the offenses from each other
What will be an ideal response?
• Both kidnapping and aggravated kidnapping have the same mens rea and actus reus. The only difference in the crimes are the specified circumstances that elevate the conduct to an aggravated offense.
• With the exception of the example of the woman taking the baby from the hospital and claiming him as her own, the aggravated kidnapping statute would seem to cover most circumstances under which an abduction might occur. Thus, it is likely that aggravated kidnapping would be charged far more often than simple kidnapping.
• Perhaps the kidnapping statute is needed simply to cover the rare abduction and miscellaneous motive that does not fit the aggravated kidnapping law. Yet the unlawful restraint statute elevates to the same penalty level as kidnapping if a child is the victim or the potential for injury arises.
• There would appear to be a fair amount of redundancy across the three statutes.
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