Deck 7: Kidnapping and Related Offenses

Question 1

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:

A)unlawful movement.
B)aggravated kidnapping.
C)abduction in support of a felony.
D)defrauding a police officer.

Answer 1

B

Question 2

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:

A)interference with personal liberty.
B)abduction of an elderly person.
C)aggravated kidnapping.
D)unlawful transport.

Answer 2

C

Question 3

Phillip is upset about the amount of his water bill.He goes to city hall to complain.At city hall Phillip encounters Jane,the mayor.The encounter turns heated.Phillip takes a hunting knife from his coat pocket,forces Jane to go into her office,and announces he will hold her there until water rates are reduced.Phillip and Jane remain barricaded in the office for 12 hours until the police hostage negotiator convinces him to surrender.Of the following,the most serious offense Phillip has committed is:

A)unlawful restraint.
B)kidnapping.
C)aggravated kidnapping.
D)false imprisonment.

Answer 3

C

Question 4

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

Question 5

Pete has spent part of the day smoking marijuana.Anytime he uses the drug he becomes paranoid.This particular day Pete convinces himself that the C.I.A.is following him.In an effort to escape from his delusion Pete climbs aboard a school bus,threatens the driver and pushes her off the bus.He then begins to drive the bus containing two dozen screaming elementary school children.About two miles down the road a police roadblock stops Pete.He is arrested and the children are found to be unharmed.The most serious offense Pete has committed is:

A)aggravated kidnapping.
B)kidnapping.
C)unlawful transport.
D)unlawful restraint.

Question 6

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

Question 7

Under the Texas kidnapping statute,the element of secreting the victim is treated as part of the offense's mens rea not its actus reus.

Question 8

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:

A)unlawful restraint.
B)kidnapping.
C)unlawful transport.
D)none of the above as this is a federal immigration matter.

Question 9

When a noncustodial parent takes their child from the custody of the other parent contrary to the terms of a judicial custody order,the noncustodial parent commits the offense of interference with child custody only if:

A)the child suffers bodily injury.
B)the child objects to being taken.
C)the child is under 10 years of age.
D)no additional elements exist as taking the child contrary to the court order is a violation of the statute.

Question 10

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:

A)white slavery.
B)human trafficking.
C)strict bondage.
D)aggravated peonage.

Question 11

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:

A)no offense because he is Aaron's father.
B)interference with child custody.
C)aggravated kidnapping.
D)unlawful transport.

Question 12

It is a defense to a charge of unlawful transport if the accused and the individual who was being transported are:

A)closely related by blood or marriage.
B)both U.S.citizens.
C)members of the U.S.armed forces.
D)under 21 years of age.

Question 13

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

Question 14

Bill and Ted,two 17-year-old high school students,spend a portion of their school day bullying Mike,a mild-mannered fellow student.One day after school,Bill and Ted observe Mike walking down the street.The two bullies stop their car and ask Mike if he wants a ride.Mike,being suspicious of their motives,declines the offer.Nonetheless,Bill and Ted grab Mike and force him into the car.They drive Mike to the outskirts of town where they strip him to his underwear and shove him out of the car.Bill and Ted then depart leaving Mike embarrassed and stranded.A few minutes later a passing motorist stops and assists Mike.The police are notified of the incident.The most serious offense Bill and Ted have committed is:

A)unlawful restraint
B)kidnapping.
C)aggravated kidnapping.
D)none of the above because the incident was intended to be a prank.

Question 15

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:

A)unlawful restraint.
B)kidnapping.
C)aggravated kidnapping.
D)none of the above.

Question 16

Under Texas law,if a deadly weapon is used in the course of a kidnapping,the offense elevates to aggravated kidnapping.

Question 17

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.

Question 18

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.

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:

A)unlawful restraint.
B)kidnapping.
C)unlawful transport.
D)none of the above.

Question 20

Rob,a previously convicted child molester,lures Sammi,a seven-year-old girl,into his car.He drives down the highway heading for a secluded location intending to have sex with Sammi.However,a friend of Sammi's wrote down Rob's license plate number and called the police.Police officers stop Rob's car and arrest him before he has had a chance to harm Sammi.The most serious offense that Rob has committed is:

A)aggravated kidnapping.
B)kidnapping.
C)interference with child custody.
D)none of the above because he has not yet harmed Sammi.

Question 21

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

Question 22

Through the use of social media on the Internet,Al lures young girls from foreign lands to immigrate to the United States with the promise of high paying jobs.Upon arrival,Al forces the young girls into a life of prostitution.Schemes such as this one are known as ______(two words).

Question 23

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

Question 24

The unlawful restraint statute criminalizes __________ restriction of another person's movements.

Question 25

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.

Question 26

Common Law kidnapping required the element of asportation while the similar element in the Texas law of kidnapping is called _________.

Question 27

Under Texas law,kidnapping charges against a robber who takes a hostage may properly be filed only if the robber forcibly moves the hostage more than 100 feet from the point of initial restraint.

Question 28

Under Texas law,an armed robber who forces his victim to move from one location to another also commits the offense of ______(two words).

Question 29

The offense of unlawful transport applies to individuals who place minor children in their motor vehicles without the consent of the minor's parent.

Question 30

Bert and Kathy live in Houston.However,Bert has sued Kathy for divorce.As part of the proceedings,Bert is seeking custody of Julia,their child.Fearing she might lose custody of Julia,Kathy takes Julia to El Paso to stay with her mother.Kathy can avoid a conviction for interference with child custody if she returns Julia to Houston within three days.

Question 31

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

Question 32

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

Question 33

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

Question 34

Under Texas law,child custody disputes are treated as civil matters,not criminal matters.

Question 35

The lowest level of kidnapping-type offense in Texas law is labeled unlawful _________.

Question 36

Texas law treats the unlawful smuggling of undocumented workers from Mexico into the state as a form of aggravated kidnapping.

Question 37

A person who is in the business of smuggling undocumented aliens into the state violates the ______(two words)______ statute.

Question 38

Janet is walking down the street when Sam grabs her by the arm and drags her into the nearby bushes and sexually assaults her.Police later apprehend him.In addition to the sexual assault charge,Sam can correctly be charged with aggravated kidnapping.

Question 39

Police officers interrupt Jack's effort to rob a fast food restaurant.Jack grabs a customer and uses her for a shield in an attempt to escape.In addition to the robbery offense,Jack is also committing aggravated ____________.

Question 40

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.

Question 41

Which objective of the Texas Penal Code (Sec.1.02)is served by the state's approach in prosecuting incidental kidnappings?

Question 42

Is the offense of kidnapping redundant to the offense of aggravated kidnapping? In other words,are two distinct sets of behavior covered by the two offenses or does aggravated kidnapping essentially cover all such activities?

Question 43

In general,when does an "incidental kidnapping" occur? Give an example of an "incidental kidnapping."

Question 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.