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1/22/2020 12:12:56 PM
Posted: 10/11/2007 6:26:38 PM EST
Chapter 20 of the Penal Code makes a distinction between kidnapping and aggravated kidnapping.

Chapter 9 of the Penal Code says you can use deadly force to prevent the imminent commission of aggravated kidnapping. Why doesn't it say kidnapping or aggravated kidnapping?
Link Posted: 10/11/2007 7:28:12 PM EST
[Last Edit: 10/11/2007 7:28:44 PM EST by StealthCRF]


Sec.A20.04. AGGRAVATED KIDNAPPING.AA(a) A person commits an
offense if he intentionally or knowingly abducts another person
with the intent to:
(1)AAhold him for ransom or reward;
(2)AAuse him as a shield or hostage;
(3)AAfacilitate the commission of a felony or the
flight after the attempt or commission of a felony;
(4)AAinflict bodily injury on him or violate or abuse
him sexually;
(5)AAterrorize him or a third person; or
(6)AAinterfere with the performance of any governmental
or political function.
(b)AAA person commits an offense if the person intentionally
or knowingly abducts another person and uses or exhibits a deadly
weapon during the commission of the offense.


I think that any reasonable person witnessing a kidnapping would believe that any of these things could be/would be the intent of the kidnapper and be justified in their use of (deadly) force. when was the last time somebody was kidnapped JUST to "hold them somewhere"
Link Posted: 10/12/2007 2:32:37 AM EST
I suspect that the distinction is made because normal "kidnapping" is done by a parent during a custody dispute, and this is substantially different from grabbing a stranger off the street.

Link Posted: 10/12/2007 1:49:41 PM EST

Originally Posted By pliftkl:
I suspect that the distinction is made because normal "kidnapping" is done by a parent during a custody dispute, and this is substantially different from grabbing a stranger off the street.



+1. The difference is the intent to cause harm.
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