Unlawful restraint is a charge that often surprises people, because it requires no weapon, no injury, no ransom demand, and no movement over any distance. Blocking a doorway during an argument, grabbing an arm to stop someone leaving, or refusing to let a passenger out of a car can all support a filing.
What the Statute Prohibits
A person commits an offense if he intentionally or knowingly restrains another person. "Restrain" is defined in Section 20.01 as restricting a person's movements without consent, so as to interfere substantially with the person's liberty, by moving them from one place to another or by confining them. Restraint is "without consent" if it is accomplished by force, intimidation, or deception, or, for a child under 14 or an incompetent person, without the consent of a parent or guardian.
Penalties
| Circumstance | Offense level | Punishment |
|---|---|---|
| Standard unlawful restraint | Class A Misdemeanor | Up to 1 year county jail, up to $4,000 fine |
| Person restrained was younger than 17 | State Jail Felony | 180 days – 2 years state jail |
| Reckless exposure to a substantial risk of serious bodily injury | Third-Degree Felony | 2 – 10 years in prison |
| Restraining a public servant lawfully discharging a duty | Third-Degree Felony | 2 – 10 years in prison |
| Committed while the actor was in custody | Third-Degree Felony | 2 – 10 years in prison |
The Family Defense
It is an affirmative defense that the person restrained was a child younger than 14, the actor was a relative of the child, and the actor's sole intent was to assume lawful control of the child. This matters in custody disputes, where a parent who keeps a child past a scheduled exchange may face an unlawful restraint allegation. Related offenses include interference with child custody and agreement to abduct from custody.
Defenses
Consent. Restraint requires the absence of consent accomplished by force, intimidation, or deception. Where the complainant stayed voluntarily, or left freely whenever they chose, the element fails.
No substantial interference with liberty. Momentary contact — briefly taking an arm, standing in a hallway — does not necessarily interfere substantially with liberty. This is often the strongest argument in a domestic case.
Mental state. The statute requires intentional or knowing conduct. Accidental blocking or a chaotic struggle may not meet it.
Credibility. Like most domestic allegations, these cases usually rest on one account. Texts, 911 audio, body-camera video, and inconsistencies between the scene statement and later testimony frequently decide them.
Related
- Assault Family Member · Aggravated assault
- Section 20.03 — Kidnapping · Section 20.04 — Aggravated Kidnapping
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.