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.

Accepted Answer

By ordering Jane to go into the women's restroom or he will kill her, Roger has committed aggravated kidnapping, which is defined as kidnapping with the use of a deadly weapon or the threat of bodily harm.

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.

Accepted Answer

Carl's actions of forcing Louise to accompany him to the ATM and threatening her with violence if she did not comply constitute aggravated kidnapping, which is kidnapping someone while using a deadly weapon, infliction of bodily injury, or with the intent to obtain a ransom or commit another felony.

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.

Accepted Answer

The most serious offense Phillip has committed is aggravated kidnapping. This is because he forcibly moved Jane from one place to another and threatened her with a weapon (the hunting knife), which resulted in her being in danger of serious bodily injury or death. Unlawful restraint or false imprisonment requires a lesser degree of force and/or threat of harm, while kidnapping requires the movement of the victim. Aggravated kidnapping is a more severe offense than kidnapping because it involves the use of a weapon or a threat of serious bodily injury or death.

Question 4

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

Accepted Answer

Under Texas Penal Code Section 20.02, unlawful restraint includes taking a child under 17 without parental consent, even if no force is used.

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.

Accepted Answer

The answer of Pete has spent part of the day...

Question 6

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

Accepted Answer

Under Texas law, the kidnapping of a pregnant female is typically charged as a single count of kidnapping, as the law does not automatically count the unborn child as a separate victim for the purposes of this specific charge.

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.

Accepted Answer

This is true. The Texas kidnapping statute specifies that the mens rea, or criminal intent, includes the act of secreting the victim, rather than it being considered part of the actus reus, or the actual physical act of kidnapping.

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.

Accepted Answer

Pablo has committed the crime of unlawful transport, as he knowingly and illegally transported individuals across the border. The fact that he hid them in boxes marked as something else shows that he knew what he was doing was against the law.

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.

Accepted Answer

The offense of interference with child custody is committed when a noncustodial parent takes their child from the custody of the other parent in violation of the terms of a judicial custody order. The offense does not require any additional elements to be present. Therefore, choice (D) is the correct answer. Choices (A), (B), and (C) are incorrect, as they add conditions that are not necessary for the offense to be committed.

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.

Accepted Answer

The activities described fall under the definition of human trafficking, which involves the recruitment, transportation, transfer, harboring, or receipt of persons through force, coercion, fraud, or deception for the purpose of exploitation. While "white slavery" has been used in the past as a term for forced prostitution, it is now considered derogatory and inaccurate, and the term human trafficking is preferred. "Strict bondage" is not a recognized term in this context. Aggravated peonage involves compelling someone to work off a debt, often through illegal means, but it does not necessarily involve transportation from another country or exploitation for the purposes of prostitution or labor.

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.

Accepted Answer

Interference with child custody is the most serious offense Abraham has committed because he took Aaron in violation of a court order granting Hannah exclusive temporary custody.

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.

Accepted Answer

According to the law, it is a defense to a charge of unlawful transport if the accused and the individual being transported are closely related by blood or marriage. This means that if the accused and the person being transported are family members, it is not considered unlawful transport.

Question 13

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

Accepted Answer

According to Texas law, abducting an adult and holding him or her for ransom is considered 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.

Accepted Answer

The answer of Bill and Ted,two 17-year-old high school students,spend...

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.

Accepted Answer

Roy's actions do not fit the legal definitions of unlawful restraint, kidnapping, or aggravated kidnapping, as these terms typically apply to human victims, not animals. The scenario described involves theft and extortion, but none of the choices provided accurately describe those crimes.

Question 16

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

Accepted Answer

According to Texas Penal Code §20.04, the use of a deadly weapon during a kidnapping elevates the offense 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.

Accepted Answer

Under Texas law, an abduction that occurs incidental to another offense, such as a robbery, can be prosecuted separately if it meets certain criteria, such as if the abduction was for the purpose of facilitating the commission of the robbery or to facilitate escape. The law does not automatically merge the abduction with the underlying crime.

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.

Accepted Answer

According to Texas Penal Code § 20.04, the penalty for aggravated kidnapping can be lowered from a first-degree felony to a second-degree felony if the victim is voluntarily released in a safe place and the kidnapper did not intend to harm the victim. This provision is intended to provide an incentive for kidnappers to release their victims unharmed.

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.

Accepted Answer

Given the context, Jennifer's actions are motivated by a concern for Walter's safety due to his senile dementia. She has not committed a criminal offense by ensuring his safety and returning him home, especially considering her role as his caregiver and the circumstances of his mental condition.

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.

Accepted Answer

Rob's actions of luring Sammi into his car with the intention of engaging in sexual activity with her constitute aggravated kidnapping, which involves kidnapping accompanied by certain aggravating circumstances, such as the intent to commit sexual assault. Even though Rob was arrested before he was able to harm Sammi, his actions still constitute a serious offense.

Quiz 7: Kidnapping and Related Offenses