Texas agreement to abduct from custody — Penal Code § 25.031
Texas agreement to abduct from custody is a criminal offense under Penal Code § 25.031. Base conduct is classified as a state jail felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Classification: State jail felony
Punishment range: 180 days to 2 years in state jail and up to $10,000 fine under § 12.35; community supervision presumptively available; restitution for costs of recovery available under CCP Art. 42.037
The controlling statute
Texas Penal Code § 25.031 makes it a state jail felony to agree, for compensation or otherwise, to abduct a child under 18 from a person having lawful custody. The statute targets paid abduction agreements, custody-evasion conspiracies, and third parties who assist parents in custodial interference. It is broader than § 25.03 because no actual abduction need occur — the agreement itself is the offense.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 25.031 |
| Cluster | Violent Crimes |
| Classification | State jail felony |
| Range | 180 days to 2 years in state jail and up to $10,000 fine under § 12.35; community supervision presumptively available; restitution for costs of recovery available under CCP Art. 42.037 |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 25.031 charge, the State must prove every element beyond a reasonable doubt:
- Defendant agreed to take, retain, or conceal a child under 18
- The child was in the custody of another person at the time of agreement
- Agreement was for the purpose of abducting the child from lawful custody
- Defendant acted with intent to abduct or assist in abducting
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Agreement to Abduct from Custody case:
- No agreement — preliminary discussions or planning without commitment do not satisfy § 25.031
- Withdrawal defense — defendant repudiated the agreement before any abduction attempted
- No knowledge of unlawful custody status — defendant believed the other party was the rightful custodian
- Necessity defense under § 9.22 in narrow circumstances involving imminent harm to the child
- Lack of specific intent to abduct — agreement was to transport, but not to deprive custody
- Suppression of communications obtained through wiretap exceeding statutory authority under CCP Chapter 18A
Enhancements & collateral consequences
Section 25.031 is a state jail felony, but parallel charges frequently elevate the overall exposure: conspiracy under § 15.02 if multiple parties involved; kidnapping under § 20.03 if abduction is completed; trafficking under § 20A.02 if commercial purpose involved. Federal parental kidnapping under 18 U.S.C. § 1204 may run consecutively when international travel is involved.
Key Legal Terms
- Agreement (§ 25.031)
- Meeting of the minds between two or more persons to engage in abduction of a child from lawful custody, regardless of whether compensation is exchanged or the agreement is reduced to writing.
- Lawful Custody
- Custody established by court order, parental rights, or statutory authority; includes managing conservators, possessory conservators, foster placement, and CPS custody.
- Specific Intent (§ 6.03(a))
- Conscious objective or desire to engage in the conduct or cause the result; required element for § 25.031 distinguishing it from inadvertent or reckless agreements.
Frequently Asked Questions
What is the difference between § 25.031 and § 25.03?
Does § 25.031 require payment?
Can a private investigator be charged under § 25.031?
Is conspiracy required for § 25.031?
What if the child was being abused by the custodian?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Agreement to Abduct from Custody? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060