new york state laws: kidnapping offenses

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KIDNAPPING, COERCION AND RELATED OFFENSES - Suffolk County

Section 135.00 Unlawful imprisonment, kidnapping and custodial interference;  definitions of terms

 The following definitions are applicable to this article:

 1. "Restrain" 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.  A person is so moved or confined "without consent" when such is accomplished by (a) physical force, intimidation or deception, or (b) any means whatever, including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.

 2. "Abduct" means to restrain a person with intent to prevent his liberation by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly physical force.

 3. "Relative" means a parent, ancestor, brother, sister, uncle or aunt. 
 
Section 135.05 Unlawful imprisonment in the second degree - Suffolk County

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

 Unlawful imprisonment in the second degree is a class A misdemeanor.
 

Section 135.10 Unlawful imprisonment in the first degree - Suffolk County

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

 Unlawful imprisonment in the first degree is a class E felony. 
 
Section 135.15 Unlawful imprisonment;  defense - Suffolk County

 In any prosecution for unlawful imprisonment, it is an affirmative defense that (a) the person restrained was a child less than sixteen years old, and (b) the defendant was a relative of such child, and (c) his sole purpose was to assume control of such child.
 

Section 135.20 Kidnapping in the second degree - Suffolk County

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

 Kidnapping in the second degree is a class B felony.
 

Suffolk County Criminal Lawyer
Section 135.25 Kidnapping in the first degree - Suffolk County

 A person is guilty of kidnapping in the first 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 twelve 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.  Such death shall be presumed, in a case where such person was less than sixteen years old or an incompetent person at the time of the abduction, from evidence that his parents, guardians or other lawful custodians did not see or hear from him following the termination of the abduction and prior to trial and received no reliable information during such period persuasively indicating that he was alive.  In all other cases, such death shall be presumed from evidence that a person whom the person abducted would have been extremely likely to visit or communicate with during the specified period were he alive and free to do so did not see or hear from him during such period and received no reliable information during such period persuasively indicating that he was alive.

 Kidnapping in the first degree is a class A-I felony.
 

Section 135.30 Kidnapping;  defense - Suffolk County

 In any prosecution for kidnapping, it is an affirmative defense that (a) the defendant was a relative of the person abducted, and (b) his sole purpose was to assume control of such person. 
 
Section 135.45 Custodial interference in the second degree - Suffolk County

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

  1. Being a relative of a child less than sixteen 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.

 Custodial interference in the second degree is a class A misdemeanor.
 

Section 135.50 Custodial interference in the first degree - Suffolk County

 A person is guilty of custodial interference in the first degree when he commits the crime of custodial interference in the second degree:

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

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

 It shall be an affirmative defense to a prosecution under subdivision one of this section 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.

 Custodial interference in the first degree is a class E felony.
 

Suffolk County Criminal Lawyer
Section 135.55 Substitution of children - Suffolk County

 A person is guilty of substitution of children when, having been temporarily entrusted with a child less than one year old and intending to deceive a parent, guardian or other lawful custodian of such child, he substitutes, produces or returns to such parent, guardian or custodian a child other than the one entrusted.

 Substitution of children is a class E felony.
 

Section 135.60 Coercion in the second degree - Suffolk County

 A person is guilty of coercion in the second degree when he compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he has a legal right to engage, by means of instilling in him a fear that, if the demand is not complied with, the actor or another will:

  1. Cause physical injury to a person;  or

  2. Cause damage to property;  or

  3. Engage in other conduct constituting a crime;  or

  4. Accuse some person of a crime or cause criminal charges to be instituted against him;  or

  5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;  or

  6. Cause a strike, boycott or other collective labor group action injurious to some person's business;  except that such a threat shall not be deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act;  or

  7. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;  or

  8. Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely;  or

  9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

 Coercion in the second degree is a class A misdemeanor. 
 
Section 135.65 Coercion in the first degree - Suffolk County

 A person is guilty of coercion in the first degree when he commits the crime of coercion in the second degree, and when:

  1.  He commits such crime by instilling in the victim a fear that he will cause physical injury to a person or cause damage to property; or

  2.  He thereby compels or induces the victim to:

    (a) Commit or attempt to commit a felony; or

    (b) Cause or attempt to cause physical injury to a person; or

    (c) Violate his duty as a public servant.

 Coercion in the first degree is a class D felony.
 

Section 135.70 Coercion; no defense. - Suffolk County

  The crimes of (a) coercion and attempt to commit coercion, and (b) bribe receiving by a labor official as defined in section 180.20, and bribe receiving as defined in section 200.05, are not mutually exclusive, and it is no defense to a prosecution for coercion or an attempt to commit coercion that, by reason of the same conduct, the defendant also committed one of such specified crimes of bribe receiving.
 

Section 135.75 Coercion;  defense - Suffolk County

 In any prosecution for coercion committed by instilling in the victim a fear that he or another person would be charged with a crime, it is an affirmative defense that the defendant reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge.

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