{"id":375281,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-kidnapping-laws.html"},"modified":"2018-03-26T18:30:11","modified_gmt":"2018-03-26T23:30:11","slug":"new-york-kidnapping-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-kidnapping-laws.html","title":{"rendered":"New York Kidnapping Laws"},"content":{"rendered":"\n
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New York Kidnapping Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The crime of kidnapping<\/a> is generally defined as the taking of a person against his or her will from location to another or confining that person to a controlled space. While kidnappings for ransom are more familiar to those who regularly watch crime dramas, the kidnapping of children by non-custodial parents is probably more common than ransom requests. But regardless of jurisdiction, it is charged as a very serious crime with stiff penalties. For instance, kidnapping is a serious felony<\/a> under the federal criminal code and punishable by 20 or more years in prison.<\/p>\n

New York Kidnapping Laws at a Glance<\/h2>\n

The New York Penal Law’s definition of the crime of kidnapping is succinct: a person commits the offense when he "abducts<\/a> another person." Additional details about New York kidnapping laws are listed in the table below.<\/p>\n\n
Statute<\/b><\/td>\nPenal Code Section 135.20<\/a>, et seq. (kidnapping, coercion, and related offenses<\/td>\n<\/tr>
Statutory Definition of Abduction<\/b><\/td>\nA person abducts another person when he or she "restrains" that person with intent to prevent his or her liberation by either:
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  • Secreting or holding the person in a place where he or she is not likely to be found, or<\/li>\n
  • Using or threatening to use deadly physical force.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
What it Means to "Restrain"<\/b><\/td>\nTo "restrain" a person means to "restrict a person’s movements intentionally and unlawfully in such manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent and with knowledge that the restriction is unlawful."<\/td>\n<\/tr>
What it Means to "Confine without Consent"<\/b><\/td>\n

A person is moved or confined "without consent" when the movement or confinement is accomplished by:<\/p>\n

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  • Physical force, intimidation or deception, or<\/li>\n
  • Any means, including with the victim’s consent, if the latter is a child less than sixteen years old or an incompetent person and the parent, guardian or other person legally responsible for him or her did not consent to the movement or confinement.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
First-Degree Kidnapping (Aggravated Charge)<\/b><\/td>\n

New York elevates commission of the crime to kidnapping in the first degree when a person abducts another person and<\/u>:<\/p>\n

Defenses to Kidnapping Charges<\/b><\/td>\n