Did a quick google search for some Texas law. Found the aggravated kidnapping section:
*§ 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an
offense if he intentionally or knowingly abducts another person
with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the
flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental
or political function.
(b) A person commits an offense if the person intentionally
or knowingly abducts another person and uses or exhibits a deadly
weapon during the commission of the offense.
(c) Except as provided by Subsection (d), an offense under
this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may
raise the issue as to whether he voluntarily released the victim in
a safe place. If the defendant proves the issue in the affirmative
by a preponderance of the evidence, the offense is a felony of the
Here’s the section on criminal attempts:
*§ 15.01. CRIMINAL ATTEMPT. (a) A person commits an
offense if, with specific intent to commit an offense, he does an
act amounting to more than mere preparation that tends but fails to
effect the commission of the offense intended.
(b) If a person attempts an offense that may be aggravated,
his conduct constitutes an attempt to commit the aggravated offense
if an element that aggravates the offense accompanies the attempt.
(c) It is no defense to prosecution for criminal attempt
that the offense attempted was actually committed.
(d) An offense under this section is one category lower than
the offense attempted, and if the offense attempted is a state jail
felony, the offense is a Class A misdemeanor*.
And for good measure, here’s the regular kidnapping provision:
*§ 20.03. KIDNAPPING. (a) A person commits an offense if
he intentionally or knowingly abducts another person.
(b) It is an affirmative defense to prosecution under this
(1) the abduction was not coupled with intent to use or
to threaten to use deadly force;
(2) the actor was a relative of the person abducted;
(3) the actor's sole intent was to assume lawful
control of the victim.
(c) An offense under this section is a felony of the third
Think it would be hard to make attempted aggravated kidnapping stick, since she appears to lack the necessary mens rea–ie, she had no actual intent to commit the crime.
On the other hand, the prosecution can show that she was wearing a disguise, was in the nursery area, and had with her a means of concealing a baby–which I think should be enough to defeat any civil claims for unlawful arrest, etc…