Berg v. State

In Berg v. State, 747 S.W.2d 800, 809 (Tex. Crim. App. 1984) the Court stated that the term "appropriate" need not be further defined. The State contends that "appropriate" and "abduct" are the same. Appropriation itself is not defined in the Penal Code. Rather, the Code describes in which circumstances an appropriation is unlawful. TEX. PENAL CODE 31.03(b). The Court explained in Berg that the "manner of acquisition or circumstances surrounding the acquisition are merely evidentiary matters." Berg, 747 S.W.2d at 809. The term "abduct" is different from "appropriate." First, unlike "appropriate," "abduct" is defined in the Penal Code. The Penal Code does not merely describe circumstances in which an abduction is unlawful; it defines an abduction as a restraint accompanied by an intent to prevent liberation. TEX. PENAL CODE 20.01(2).