Exam 7: Kidnapping and Related Offenses

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.

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(Essay)

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Question 1

Correct Answer:

Verified

Answers will vary but students might note as follows:
-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.

One evening Carl,a 25-year-old street thug,forcibly enters Louise's home.Louise is a 75-year-old female.Carl demands money from Louise.She tells him she has none.Carl asks if she has an ATM card.Fearful of Carl,Louise admits she has such a card.Carl tells Louise,"Go with me to the ATM or you won't live long enough to see the sunrise." Louise and Carl depart to the nearest ATM.Louise uses her card to withdraw $500,which she gives to Carl.Carl departs without otherwise harming Louise.In addition to likely burglary and robbery charges,Carl has also committed the offense of:

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(Multiple Choice)

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Question 2

Correct Answer:

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A biological parent of a child is excluded by statute from persons who can be prosecuted for interference with child custody.

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(True/False)

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Question 3

Correct Answer:

Verified

False

Forced labor and forced prostitution of immigrants from other countries is known as human trafficking.

(True/False)

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Question 4

Under Texas law,an abduction that occurs incidental to another offense,such as a robbery,is viewed as merged within the underlying crime and is not subject to separate prosecution.

(True/False)

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Question 5

Late one night,Roy steals Gene's champion quarter horse.He leaves a note in the stall telling Gene that the horse will be returned unharmed after Gene deposits $500,000 in Roy's offshore bank account.If Gene does not pay the ransom,the horse will be killed.The next morning Gene discovers the note and,fearing for the horse's well-being,he pays the ransom.Roy releases the horse on a country road where it is later found by Gene.The most serious offense Roy has committed is:

(Multiple Choice)

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Question 6

Pablo charges individuals $1,500 to smuggle them across the Texas-Mexico border.One July day after collecting his fee,Pablo hides three Mexican citizens in sealed cardboard boxes marked "PINATAS." He then places the boxes in the back of his truck,which is filled with similarly marked boxes that actually contain piñatas.He drives across the border.A Customs inspector on the Texas side of the border glances in the back of the truck and waves Carlos through.Several hours later the truck breaks down near San Antonio.A passing Texas Highway Patrol trooper stops to assist Pablo.The trooper becomes suspicious when he hears noises coming from the boxes.He opens a box and discovers a hot,unconscious individual.The other two individuals are subsequently discovered.Pablo has committed:

(Multiple Choice)

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Question 7

If an abduction victim is held for ransom,the offense elevates to ___________ kidnapping.

(Short Answer)

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Question 8

Texas law encourages kidnappers to take measures to ensure their victims' survival by lowering the penalty for aggravated kidnapping if the victim is voluntarily released in a safe place.

(True/False)

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Question 9

Under Texas law,the offense of unlawful restraint criminalizes the nonforcible taking of children without parental permission.

(True/False)

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Question 10

Under Texas law,abducting an adult and holding him or her for ransom is one means of committing aggravated kidnapping.

(True/False)

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Question 11

In specific fact situations where an individual is assisting a fugitive in escaping detection by the police,the hindering apprehension of prosecution statute (Sec.38.05)may overlap the ______(two words)statute.

(Short Answer)

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Question 12

Activities that involve transporting individuals from a foreign land into Texas and coercing or deceiving them into forced prostitution or forced labor is known as:

(Multiple Choice)

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Question 13

Under Texas law,the kidnapping of a pregnant female constitutes two counts of the offense.

(True/False)

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Question 14

Roger,in need of cash to fund his drug habit,decides to rob the Kwik-E-Mart.He enters the store and points a pistol at Jane,the store clerk.He demands all of the cash.At that moment Roger observes a police car drive up in front of the store.Realizing his situation,Roger orders Jane to go into the women's restroom and stay there or he will kill her.Jane does as directed.Roger then goes behind the counter.A police officer enters the store and obtains a cup of coffee.Roger poses as the store clerk until the officer pays for the coffee and departs.When the officer is out of sight,Roger empties the cash register and flees.After a few minutes Jane exits the restroom and calls the police.In addition to aggravated robbery,Roger likely does not realize that he has also committed the offense of:

(Multiple Choice)

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Question 15

The offense of human trafficking occurs when a person,commonly called a "coyote," is paid to assist three or more undocumented persons to illegally enter the United States at the Texas-Mexico border.

(True/False)

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Question 16

The Texas statute that sanctions improper taking or restraint of children contrary to a court order is titled ___________ with child custody.

(Short Answer)

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Question 17

A child under age ___ is legally incapable of consenting to being restrained for purposes of the unlawful restraint statute.

(Short Answer)

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Question 18

Abraham and Hannah have been married for eight years.They have one child,Aaron,who is seven.Because of Abraham's abusive conduct toward her and Aaron,Hannah sues Abraham for divorce.While the divorce is pending,Abraham is served with a copy of a court order granting Hannah exclusive temporary custody of Aaron.Angered by the court order,Abraham goes to Aaron's school and checks him out,the principal being unaware of the court order.Abraham flees to Louisiana with Aaron.Six months later Abraham and Aaron return to Texas to visit Abraham's mother.Hannah sees the two driving down the street and calls the sheriff's department.The most serious offense Abraham has committed is:

(Multiple Choice)

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Question 19

Walter is the elderly father of Jennifer.Walter,who resides with Jennifer,suffers from senile dementia.One day he wanders away from the house.Jennifer discovers his absence and launches a search.She discovers him at the neighborhood park.When confronted by Jennifer,Walter refuses to leave the park.Ultimately,Jennifer grasps Walter and forces him into her automobile and drives him home.The most serious offense Jennifer has committed is:

(Multiple Choice)

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Question 20

Showing 1 - 20 of 44

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.

A biological parent of a child is excluded by statute from persons who can be prosecuted for interference with child custody.

Forced labor and forced prostitution of immigrants from other countries is known as human trafficking.

Under Texas law,an abduction that occurs incidental to another offense,such as a robbery,is viewed as merged within the underlying crime and is not subject to separate prosecution.

If an abduction victim is held for ransom,the offense elevates to ___________ kidnapping.

Texas law encourages kidnappers to take measures to ensure their victims' survival by lowering the penalty for aggravated kidnapping if the victim is voluntarily released in a safe place.

Under Texas law,the offense of unlawful restraint criminalizes the nonforcible taking of children without parental permission.

Under Texas law,abducting an adult and holding him or her for ransom is one means of committing aggravated kidnapping.

In specific fact situations where an individual is assisting a fugitive in escaping detection by the police,the hindering apprehension of prosecution statute (Sec.38.05)may overlap the ______(two words)statute.

Activities that involve transporting individuals from a foreign land into Texas and coercing or deceiving them into forced prostitution or forced labor is known as:

Under Texas law,the kidnapping of a pregnant female constitutes two counts of the offense.

The offense of human trafficking occurs when a person,commonly called a "coyote," is paid to assist three or more undocumented persons to illegally enter the United States at the Texas-Mexico border.

The Texas statute that sanctions improper taking or restraint of children contrary to a court order is titled ___________ with child custody.

A child under age ___ is legally incapable of consenting to being restrained for purposes of the unlawful restraint statute.

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