What separates kidnapping from unlawful restraint is whether the person was moved to another location. Most of these cases come out of a relationship, not a stranger abduction.
Most people picture a stranger abduction, but that is not the typical case. These charges almost always come out of a relationship that has gone bad, where one person restrains the other's movement against their will, sometimes intending to work things out or to make the other person listen.
Restricting someone's movement against their will is a potential offense regardless of intent. What separates kidnapping from unlawful restraint is whether the person was transported to another location. Barrera Defense examines the restraint allegation, the abduction element, and the circumstances the state is relying on.
Citation: Texas Penal Code §20.02 (Unlawful Restraint); §20.03 (Kidnapping)
Degree and classification: Unlawful Restraint is a Class A misdemeanor, escalating to a state jail, third-degree, or second-degree felony depending on the victim and circumstances. Kidnapping is a flat third-degree felony.
Statutory language: Unlawful Restraint: a person commits an offense if he intentionally or knowingly restrains another person. Kidnapping: a person commits an offense if he intentionally or knowingly abducts another person.