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KIDNAPPING & RELATED OFFENSES

NEW YORK PENAL LAW

CLASS A MISDEMEANORS:

NYPL § 135.05 - Unlawful Imprisonment in the 2nd Degree:

A person is guilty of unlawful imprisonment in the 2nd degree when he restrains another person.

NYPL § 135.45 - Custodial Interference in the 2nd Degree:

A person is guilty of custodial interference in the 2nd degree when:

1. Being a relative of a child less than 16 years old, intending to hold such child permanently or for a protracted period, and knowing that he has no legal right to do so, he takes or entices such child from his lawful custodian;  or

2. Knowing that he has no legal right to do so, he takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or institution.

 

CLASS E FELONIES:

NYPL § 135.10 - Unlawful Imprisonment in the 1st Degree:

A person is guilty of unlawful imprisonment in the 1st degree when he restrains another person under circumstances which expose the latter to a risk of serious physical injury.

NYPL § 135.50 - Custodial Interference in the 1st Degree:

A person is guilty of custodial interference in the 1st degree when he commits the crime of Custodial Interference in the 2nd Degree, (NYPL § 135.45):

1. With intent to permanently remove the victim from this state, he removes such person from the state; or

It shall be an affirmative defense to a prosecution under subdivision that the victim had been abandoned or that the taking was necessary in an emergency to protect the victim because he has been subjected to or threatened with mistreatment or abuse.

2. Under circumstances which expose the victim to a risk that his safety will be endangered or his health materially impaired.

 

CLASS B FELONIES:

NYPL § 135.20 - Kidnapping in the 2nd Degree:

A person is guilty of kidnapping in the 2nd degree when he abducts another person.

 

CLASS A-I FELONIES:

NYPL § 135.25 - Kidnapping in the 1st Degree:

A person is guilty of kidnapping in the 1st degree when he abducts another person and when:

1. His intent is to compel a third person to pay or deliver money or property as ransom, or to engage in other particular conduct, or to refrain from engaging in particular conduct; or

2. He restrains the person abducted for a period of more than 12 hours with intent to:

(a) Inflict physical injury upon him or violate or abuse him sexually; or

(b) Accomplish or advance the commission of a felony; or

(c) Terrorize him or a third person; or

(d) Interfere with the performance of a governmental or political function; or

3. The person abducted dies during the abduction or before he is able to return or to be returned to safety.

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*Not verbatim. Click here for link to full text of current law.

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