Unlawful Restraint in Texas (Texas Penal Code § 20.02)

Facing an unlawful restraint charge in Texas can feel overwhelming. Whether you received a call from a detective, saw a warrant pop up online, or watched a family argument spiral into something the police are now investigating, understanding what this criminal offense actually means under Texas law is your first step toward protecting yourself.

This guide breaks down everything you need to know about unlawful restraint under Texas Penal Code § 20.02—from the legal definition and potential penalties to affirmative defenses and when you should pick up the phone and call a criminal defense attorney.

Quick Answer: What Is Unlawful Restraint in Texas?

Unlawful restraint in Texas means intentionally or knowingly restricting another person’s movements without their consent, as defined under Texas Penal Code § 20.02. It’s a criminal offense that doesn’t require moving someone to a new location—simply preventing them from leaving where they already are can be enough.

• Typical real-world examples include blocking a doorway during a domestic argument in Austin, locking someone in a bedroom in Round Rock, or using a motor vehicle to trap another driver in a parking lot in Travis County.
• Most unlawful restraint charges start as a Class A misdemeanor, but the charge can be enhanced to a state jail felony or third degree felony if the victim is under 17, exposed to a substantial risk of serious bodily injury, or is a public servant, judge, or peace officer performing an official duty.
• Lawful arrests and certain family situations involving minors (under 18) are carved out by the statute as exceptions or affirmative defenses under Texas law.
• If you’re under investigation in 2024–2026 for Texas unlawful restraint, contact a local criminal defense attorney immediately rather than trying to explain the situation to police alone. What you say during that first conversation can make or break your case.

Texas Penal Code § 20.02: Legal Definition of Unlawful Restraint

Section 20.02 of the Texas Penal Code defines when “restraining” another person crosses the line into criminal conduct. The statute has been amended several times, including notable changes in 2017 and 2023 that expanded protections for certain victims.

• A person commits unlawful restraint if they intentionally or knowingly restrain another person. These mental states—“intentionally” and “knowingly”—track the definitions found elsewhere in the Penal Code and require the prosecution to prove the defendant meant to restrict movement or was aware their conduct would do so.
• The statute applies statewide, from large counties like Travis and Williamson to smaller rural jurisdictions. Prosecutors across Texas rely on the same statutory language, even though local charging practices and courthouse culture can vary.
• The definition of “person” for this offense is drawn from the Penal Code and can include individuals and, in some contexts, entities governed by the Business Organizations Code (including any limited liability company or other entity or organization governed by the Business Organizations Code). However, the core focus of this article is people restraining other people.
• Importantly, the law explicitly recognizes that restraint is not unlawful if it occurs as part of a lawful arrest or detention by law enforcement acting within their legal authority.

“A person commits an offense if he intentionally or knowingly restrains another person.” — Tex. Penal Code § 20.02(a)

What Does It Mean to “Restrain” Someone in Texas?

Texas law gives “restrain” a specific legal meaning that goes beyond obvious physical confinement. Understanding this definition is critical because it determines whether conduct rises to the level of a criminal offense.

Under the statute, restraint means restricting a person’s movements without consent so as to interfere substantially with their liberty. This can happen by:

• Moving someone from one place to another, or
• Confining them where they already are

Here are concrete examples of conduct that could support unlawful restraint charges:

• Blocking an apartment door in Houston so a partner cannot leave during an argument
• Locking a coworker in a storage room at a San Antonio warehouse
• Using threats of violence to keep someone sitting on a couch in Pflugerville
• Physically holding someone’s arm and refusing to let go until they “hear you out”

Restraint does not require physical contact. Threats, intimidation, or deception—for example, falsely claiming to be a police officer and saying the person is “under arrest”—can be enough if they cause the person to believe they cannot leave.

For children and incompetent persons with guardians, “without the person’s consent” can mean acting without the effective consent of a parent or guardian, even if the child younger than 18 verbally agrees.

Elements of the Offense: Intent, Knowledge, and Lack of Consent

Prosecutors must prove several specific elements beyond a reasonable doubt to secure an unlawful restraint conviction. Understanding these elements helps you see where the case against you might be weak.

• Intention: The State must show the actor meant to restrict the other person’s physical movement. For example, deliberately blocking a bedroom doorway during a fight in January 2023 demonstrates intentional conduct.
• Knowledge: Alternatively, prosecutors can show the actor was aware their conduct would limit the other person’s movements, even if they claim they “just wanted to talk” or “didn’t mean anything by it.”
• Lack of consent: The alleged victim did not freely agree to the restriction. Consent obtained by force, intimidation, or deception does not count as real consent under Texas unlawful restraint law.

Restraint that occurs purely by accident—for example, a stuck door in a Waco office building that traps someone inside—typically will not meet the “intentionally or knowingly” requirement. However, reckless conduct can still create criminal exposure depending on the circumstances surrounding the incident.

Unlawful Restraint vs. Kidnapping in Texas

Texas has several related “kidnapping-type” offenses—unlawful restraint, kidnapping, and aggravated kidnapping—each with different levels of seriousness and penalties. Understanding the key differences matters because prosecutors sometimes choose between these charges based on the evidence they can prove.

• Unlawful restraint focuses on restricting someone’s movements without consent, even for a short time and without moving them far. It’s the least serious of these offenses.
• Kidnapping (Tex. Penal Code § 20.03) involves “abducting” a person, which typically means restraining them with the intent to prevent their liberation by hiding them or using or threatening deadly force.
• Simple comparison: Holding a spouse in a kitchen for 10 minutes during an argument is often charged as unlawful restraint. Forcing a stranger into a vehicle, driving them across Travis County, and hiding them in a storage unit is more likely charged as kidnapping or aggravated kidnapping.
• Kidnapping is generally a third-degree felony in Texas (2–10 years in prison). Aggravated kidnapping can be punished as a first degree felony with potential ranges like 5 to 99 years or life in prison and up to a $10,000 fine—especially if deadly weapons, sexual abuse, or ransom demands are involved.

Prosecutors sometimes file unlawful restraint when they do not believe they can prove kidnapping. This means a case that initially looks like it might involve related offenses could be charged at a lower level based on the specific facts.

Penalties and Enhancements for Unlawful Restraint

The default punishment for unlawful restraint is a Class A misdemeanor, but Texas law defines several enhancements based on the victim’s age, the risk of serious bodily injury, and the victim’s status.

• Class A misdemeanor penalties are common outcomes in county criminal court proceedings in Austin and Round Rock when no aggravating factors are present.
• State jail felony enhancement applies when the person restrained was younger than 17 at the time of the offense.
• Third degree felony enhancement kicks in when the actor restrains a victim and recklessly exposes them to a substantial risk of serious bodily injury, or when the victim is a judge, peace officer, or public servant lawfully discharging an official duty.
• Legislative updates in 2017 and 2023 specifically increased penalties when judges, peace officers, or residents of a civil commitment facility are targeted, reflecting heightened concern for public officials and vulnerable populations.

Any felony conviction can have severe consequences beyond prison time, including loss of firearm rights, difficulty finding employment, and immigration issues for non-citizens in Texas.

Special Rules When the Alleged Victim Is a Minor

Texas treats restraint involving minors differently, especially when the person accused is a relative or close in age. The statute includes specific affirmative defenses for some family and teen situations.

• Affirmative defense for children under 14 years of age: If the actor is a relative (such as a parent, grandparent, or sibling) and their actor’s sole intent was to assume lawful control of the child—not to harm, sexually abuse, or exploit them—this defense may apply.
• Affirmative defense for children 14 to under 17: If the actor is less than three years older than the child younger than 17, did not use force intimidation or deception, and the purpose of the restraint was not criminal or abusive, this defense may be available.
• Raising the defense: Even when an affirmative defense appears to apply, it must be raised and supported by evidence at trial. The prosecution must then disprove it beyond a reasonable doubt.
• Sex offender registration risk: Any unlawful restraint conviction involving a victim under 17 can trigger sex offender registration in Texas if the court makes an affirmative finding regarding the victim’s age. This can happen even with deferred adjudication in some circumstances.

Example: A 19-year-old aunt takes her 13-year-old niece from San Marcos to Austin without parental permission because she believes the child is in an unsafe home environment. Whether the affirmative defense applies depends on whether her sole intent was to assume lawful control as a family member—not to harm or exploit the child.

Affirmative Defenses and Legal Justifications

The Penal Code and case law recognize several situations in which conduct that looks like restraint may have legal justification or qualify for a defense.

• Statutory affirmative defenses: As outlined above, relatives of minors under 14 and close-in-age teens 14–16 may have defenses available under specific circumstances.
• Consent: If credible evidence—such as text messages, video, or witness testimony—shows the person freely agreed to the movement or confinement, the “without consent” element may be undermined. The defense may argue there was no restraint of the person’s liberty at all.
• Lack of intent or mistake: Where the person accused did not realize they were preventing someone from leaving, or where a door was unexpectedly jammed, this can undermine proof that the actor intentionally restrains or person knowingly restricted another’s movements.
• Self-defense and defense of others: When the restraint was used temporarily to prevent imminent harm—such as holding someone back from attacking another person during a bar fight in downtown Austin—the use of reasonable force may be justified.
• Lawful arrest or detention: A lawful arrest by police, or a citizen acting under clear legal authority (for example, an institution acting to detain a suspected shoplifter until officers arrive), is generally not unlawful restraint if done in compliance with Texas law. An individual lawfully arrested cannot claim they were unlawfully restrained by the arresting peace officer.

Common Real-World Scenarios and Domestic Situations

Unlawful restraint charges often arise in domestic or relationship conflicts, workplace disputes, and neighborhood confrontations across Texas cities like Austin, Killeen, and Georgetown.

• Domestic argument: One partner stands in front of the apartment door, refuses to let the other leave, and threatens to “take the phone and keys” if they try to pass. This scenario has been alleged in countless 911 calls since 2020, particularly when the restrained person is a family member.
• Workplace dispute: A supervisor locks an employee in an office during a heated argument over missing money, or coworkers keep someone in a break room against their will.
• Social settings: Friends keep someone in a car against their will after a party, or someone blocks another driver’s vehicle in a parking lot following a road rage incident.
• Police reports commonly describe a “blocked exit,” “locked interior door,” or “vehicle pin-in” at shopping centers and bars—all of which can support charges when a person commits unlawful restraint.

Even brief incidents lasting just a few minutes can support a charge if the elements are met. The case becomes stronger when there are injuries (including bodily injury), children present, or prior domestic violence calls on record.

Collateral Consequences of an Unlawful Restraint Conviction

The legal penalties—jail, prison, fines—are only part of the impact. Collateral consequences can follow a person for years after a case ends.

• Criminal record impact: Any conviction or even some deferred adjudications for unlawful restraint charges appear on background checks. This affects jobs in schools, hospitals, rideshare driving, and professional licensing across Texas.
• Family violence findings: When the case is linked to alleged family violence, there may be long-term protective orders, firearm possession restrictions under both state and federal law, and complications in child custody cases in Texas family courts.
• Immigration consequences: Non-citizens (including permanent residents in cities like Austin and Dallas) can face inadmissibility or removal proceedings depending on the facts and federal interpretation of the offense.
• Sex offender registration: When associated with minors, this severely limits where a person can live, work, and travel in Texas. Ongoing reporting to local law enforcement is required, sometimes for life.
• Professional licensing: Many Texas licensing boards—from nursing to real estate—require disclosure of criminal offenses and may deny or revoke licenses based on harsher penalties or felony findings.

Defending an Unlawful Restraint Case in Texas

Each case turns on its specific facts—texts, videos, 911 recordings, witness statements, and physical evidence. An experienced criminal defense attorney’s job is to test and challenge the prosecution’s version of events.

• Challenging “lack of consent”: This includes cases where both parties were intoxicated, where the alleged victim initially agreed to stay, or where contradictory video footage exists. If the person’s consent was given, there’s no crime.
• Disputing the alleged victim’s account: This is especially relevant when there are no independent witnesses and the story has changed between the initial 911 call, the police report, and later testimony.
• Evidentiary challenges: Suppressing statements obtained in violation of Miranda rights, excluding illegally obtained evidence, or exposing gaps in the timeline—for example, missing surveillance footage from a Travis County apartment complex near the victim’s residence.
• Negotiating reduced charges: A criminal defense attorney may negotiate to reduce a felony unlawful restraint to a misdemeanor, or to a non-violent offense, to limit custody exposure and long-term collateral consequences.
• Possible defenses vary by case: From consent and mistake to self-defense and lawful authority, the right defense strategy depends entirely on the circumstances surrounding your situation.

Early involvement of counsel—ideally before formal charges are filed—often improves the chances of a favorable resolution. Don’t wait until you’re standing in criminal court to seek legal representation.

Statute of Limitations and Timing Issues

A statute of limitations is the legal deadline for the State of Texas to file criminal charges for a given offense. Understanding these timelines matters because prosecutors can file charges years after an incident.

• Felony unlawful restraint and kidnapping generally have a 3-year statute of limitations under Texas law, counting from the date of the alleged offense.
• Misdemeanor unlawful restraint typically has a 2-year limitations period.
• Related serious offenses—like certain sexual offenses or injury offenses against children—can have longer or even no limitation periods. But standard unlawful restraint without such elements usually follows the typical timelines.
• Limitations issues are technical: They depend on the exact charge, statutory amendments, and any tolling events (like when the defendant leaves Texas). Have an attorney analyze dates in police reports, charging instruments, and court filings.
• Once charges are filed within the limitation period, the case can usually proceed even if trial occurs years later. Waiting to “see what happens” can be risky because prosecutors may still file within the limitations window.

When to Contact a Texas Criminal Defense Attorney

Anyone questioned by police, served with a warrant, or arrested in connection with an alleged unlawful restraint—especially those involving domestic disputes or minors—should speak with a defense lawyer before giving any detailed statement.

• An attorney can advise whether to talk to investigators, help arrange a self-surrender on a warrant in counties like Travis or Williamson, and begin gathering phone records, videos, and witness statements while memories are fresh.
• Early representation can sometimes prevent charges from being filed at all, result in reduced charges, or position the case for dismissal, pretrial diversion, or a more favorable plea agreement.
• Look for Texas-specific experience: Find a criminal defense attorney with specific experience in unlawful restraint, kidnapping, and family-violence-related offenses. Many law office practices offer a free consultation to discuss your situation. Notwithstanding subdivision of cases by specialty, personal attention matters.
• This article is informational, not legal advice: Every case is fact-specific. If you’re reading this in 2024 or later, verify current statutes and penalty ranges, as the Legislature periodically amends Chapter 20 and other sections of the Penal Code.

The bottom line: if you or a family member is facing allegations that someone was unlawfully restrained, don’t try to handle it alone. The stakes—from potential prison time to a permanent criminal record—are too high to navigate without an experienced criminal defense attorney in your corner.