flb_78 wrote:What if they [protesters] were blocking an exit to the property and you could not leave even after you had asked them to move? Could that be construed as kidnapping?
Sorry I missed this question earlier.
IMHO, that scenario would be unlawful restraint, not kidnapping. Unlawful restraint is a generally a misdemeanor and not by itself a justification for the use of force.
Passive resistance such as chaining oneself to a gate is pretty clever, because it is effective and does not involve the use of force, which would make the action criminal.
PC § 20.02. UNLAWFUL RESTRAINT. (a) A person commits an offense if he intentionally or knowingly restrains another person.
PC § 20.03. KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts another person.
PC § 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.
(2) "Abduct" means to restrain a person with intent to prevent his liberation by:
(A) secreting or holding him in a place where he is not likely to be found; or
(B) using or threatening to use deadly force.
- Jim