This week a news story out of Richmond, Virginia, made the rounds. A 64-year-old man was charged with felony abduction and misdemeanor assault on a family member after his wife told police he taped her to a chair in their basement for 30 to 45 minutes. Unnamed sources told reporters he did it so he could watch football upstairs. Police noted tape marks on her arms. He has not been convicted, the charges are only accusations, and his case is still pending.

The headline invites a laugh. The law does not treat it as a joke. Here is how the same facts would look under Texas law.

Unlawful Restraint

Texas Penal Code Section 20.02 makes it a crime to intentionally or knowingly restrain another person. "Restrain" means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person or by confining the person. Restraint is without consent when it is done by force, intimidation, or deception.

• Unlawful restraint is usually a Class A misdemeanor, punishable by up to one year in jail, a fine of up to $4,000, or both.
• It becomes a third-degree felony if the person recklessly exposes the victim to a substantial risk of serious bodily injury.

Being married does not change any of this.

When Restraint Becomes Kidnapping

Texas law draws a line between restraining someone and abducting them. Under Section 20.01, "abduct" means to restrain a person with intent to prevent their release by holding them in a place where they are not likely to be found, or by using or threatening deadly force. Kidnapping under Section 20.03 is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. Whether a room in your own home counts as a place where someone "is not likely to be found" depends on the facts.

Assault Family Violence

Under Section 22.01, a person commits assault by causing bodily injury to another, "including the person's spouse." Texas defines bodily injury broadly: "physical pain, illness, or any impairment of physical condition." Marks from tape, or pain from being held down, can be enough.

• Assault causing bodily injury is a Class A misdemeanor.
• Against a family or household member, it becomes a third-degree felony if the person has a prior family violence conviction, or if the assault involved impeding the other person's breathing or blood circulation.

A Family Violence Finding Follows You

When a court finds that an offense against a person involved family violence, Texas law requires the judge to enter an affirmative finding of family violence in the judgment. That finding matters long after the case ends.

• Firearms: A person convicted of Class A misdemeanor assault against a family or household member cannot legally possess a firearm until five years after release from jail or community supervision, whichever is later.
• Future charges: A prior family violence conviction can turn a later misdemeanor assault into a felony.

What This Means for You

• If you have been arrested for an offense involving a spouse, partner, or family member, take it seriously from day one, even if the incident seemed minor.
• Saying it was a prank is not a defense. What matters is whether the person consented and whether their liberty was substantially restricted.
• Do not talk to police about the facts before you speak with a lawyer. In the Virginia case, the criminal complaint reportedly quotes the man's own statement to police.
• Plan for the long term. A plea that sounds quick and easy can carry a family violence finding you will live with for years.

If you or someone in your family has been charged with assault, unlawful restraint, or another family violence offense in Fort Bend County or a neighboring county, contact the Law Offices of M. Cody Moore at (281) 241-7161. I will review the facts with you and explain your options.

This post provides general information and is not legal advice. Reading it does not create an attorney-client relationship.