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What constitutes kidnapping

Houston, TX |

I went to a meeting sometime ago with for a group meeting with government officials. The problem that my presence created is that I had information that some would call whiste blowing. The parties who I would have been blowing the whistle on lured me into a room away from the government officials and other attendees of the meeting. I was held in the seperate room as a ploy to prevent me from spilling the beans which would have resulted in people being charged with misappropriation of federal funds. If I had known that being held in a different room I would have objected and made an attempt to leave, however since that was not the case and I had no fore knowledge of being held would this be considered kidnapping. The people who I was reporting lied and mislead to get me in the room.

Attorney Answers 5


I think what you describe is "obstruction of justice" not kidnapping.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

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It's unclear from your questions if this will meet the penal code definition of restraint. If you were prevented from leaving against your will then you might meet this definition. You should meet with a local attorney to discuss.

§ 20.01. DEFINITIONS. In this chapter:
(1) "Restrain" means to restrict a person's movements
without consent, so as to interfere substantially with the person's
liberty, by moving the person from one place to another or by
confining the person. Restraint is "without consent" if it is
accomplished by:
(A) force, intimidation, or deception;

Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas, Irving, Texas and Kaufman, Texas. We do not have an attorney-client relationship. My use of Avvo is not intended to form an attonrey-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney. Do that before making any important decisions.

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thank you for responding. If I had known that these people were trying to prevent me from talking with the government officialsl, I would not have left the meeting room or I would have insisted that my assistant remain in the room with the officials. I was on crutches and really wasn't in a position of physically resist. The fact of the matter is that I was decieved by the offenders to get me out of the room and kept me out with a series of lies. They had already committed the crime and my talking to the government officials would have change the outcome of the meeting. I do have some emails from the offenders to other people involved in the deception that clearly meant to give the other offenders a heads up of my presence and to be prepared to protect themselves by any means neccessary

Robert Sterling Guest

Robert Sterling Guest


Again, I don't think the fact that purposefully kept you from meeting with certain individuals will meet the threshold for a substantial interference with your liberty. Keeping you out of a room by lying doesn't feel like kidnapping. It sounds like your in the middle of some kind of government investigation, it would greatly behoove you to meet with a local attorney to discuss your options.


You were not kidnapped unless you were prevented from leaving. It sounds like you did not attempt to leave. The fact that you were duped is irrelevant criminally. If you are an employee of the agency you are blowing the whistle on, this may be part of a civil whistleblower claim. You need to consult a civil attorney who handles those types of cases.

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You do not mention anything that indicates that you were restrained, that there was some force or threat made or that you were not free to leave or that you were transported somewhere against your will. It does not appear that there was any kidnapping.

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This is far to complex a situation to analyze on avvo.

May I suggest you meet with an attorney for advice based on your specific situation.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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