Tex. Pen. Code § 20.04 : PENAL CODE — OFFENSES AGAINST THE PERSON — KIDNAPPING, UNLAWFUL RESTRAINT, AND — Aggravated Kidnapping TEXT PDF (a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to: (1) hold him for ransom or reward; (2) use him as a shield or hostage; (3) facilitate the commission of a felony or the flight after the attempt or commission of a felony; (4) inflict bodily injury on him or violate or abuse him sexually; (5) terrorize him or a third person; or (6) interfere with the performance of any governmental or political function. (b) A 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. (c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree. (d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree. Tex. Pen. Code § 20.04 Amended By Acts 1995, 74th Leg., ch. 318, Sec. 4, eff. 9/1/1995. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. 9/1/1994 Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. 1/1/1974.