Texas unlawful restraint — Penal Code § 20.02
Texas unlawful restraint is a criminal offense under Penal Code § 20.02. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. 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: Class A misdemeanor to second-degree felony
Punishment range: Class A misdemeanor (up to 1 year + $4,000) baseline; state jail felony (180 days to 2 years + $10,000) when the person restrained is younger than 17; 3rd-degree felony (2–10 years + $10,000) when the actor recklessly exposes the victim to a substantial risk of serious bodily injury, restrains a public servant, or restrains another while in custody; 2nd-degree felony (2–20 years + $10,000) when the actor restrains a peace officer or judge
The controlling statute
Texas Penal Code § 20.02 criminalizes intentionally or knowingly restraining another person without consent — meaning restricting their movements by force, intimidation, or deception. Unlike kidnapping, the statute does not require movement of the victim or intent to harm. A conviction can affect immigration status, professional licensing, and firearm rights, and accusations frequently arise in domestic disputes or workplace confrontations where the line between argument and confinement is hotly contested.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 20.02 |
| Cluster | Violent Crimes |
| Classification | Class A misdemeanor to second-degree felony |
| Range | Class A misdemeanor (up to 1 year + $4,000) baseline; state jail felony (180 days to 2 years + $10,000) when the person restrained is younger than 17; 3rd-degree felony (2–10 years + $10,000) when the actor recklessly exposes the victim to a substantial risk of serious bodily injury, restrains a public servant, or restrains another while in custody; 2nd-degree felony (2–20 years + $10,000) when the actor restrains a peace officer or judge |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 20.02 charge, the State must prove every element beyond a reasonable doubt:
- Defendant intentionally or knowingly restrained another person
- Restraint was accomplished without the victim's consent — by force, intimidation, or deception
- Defendant's conduct interfered substantially with the victim's liberty
- The complainant was not a child under 14 in lawful custody of a parent or guardian
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Unlawful Restraint case:
- Consent — the complainant agreed to remain in the location under § 20.02(c)
- Statutory affirmative defense for relatives under § 20.02(c)(1) when the actor is a relative and the sole intent was to assume lawful custody
- No substantial interference with liberty — momentary contact does not satisfy § 20.02(a)
- Lack of intent — restraint was accidental or incident to a lawful arrest or shopkeeper detention under CCP Art. 18.23
- Mistaken identity or alibi defense supported by surveillance, GPS, or witness testimony
- Suppression of statements obtained without Miranda warnings or in violation of CCP Art. 38.22
Enhancements & collateral consequences
Section 20.02(c) elevates the offense to a state jail felony when the person restrained is younger than 17, to a 3rd-degree felony when the actor recklessly exposes the victim to a substantial risk of serious bodily injury, restrains a public servant, or restrains another while in custody, and to a 2nd-degree felony when the actor restrains a peace officer or judge. Use of a deadly weapon supports an affirmative deadly weapon finding under CCP Art. 42A.054, restricting parole eligibility.
Key Legal Terms
- Restrain (§ 20.01(1))
- To restrict a person's movements without consent by moving them from one place to another or by confining them, accomplished by force, intimidation, or deception.
- Without Consent (§ 20.01(1)(B))
- Includes restraint of a child under 14 accomplished without consent of the child's parent or guardian, even if the child agreed.
- Substantial Risk of Serious Bodily Injury (§ 1.07(a)(46))
- A risk involving substantial likelihood of injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss of a bodily member or organ.
Frequently Asked Questions
What is the difference between unlawful restraint and kidnapping in Texas?
Can a parent be charged with unlawful restraint of their own child?
Does locking someone in a room briefly count as unlawful restraint?
Is unlawful restraint a deportable offense?
Can the victim drop unlawful restraint charges?
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 Unlawful Restraint? Talk to L and L Law Group.
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