Aim: How does the NYS Penal Law define Kidnapping?

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Presentation transcript:

Aim: How does the NYS Penal Law define Kidnapping? HNA Lesson 31 Aim: How does the NYS Penal Law define Kidnapping?

Article 135 Kidnapping & Coercion HNA Lesson 31 Article 135 Kidnapping & Coercion 135.05 Unlawful imprisonment in the second degree. 135.10 Unlawful imprisonment in the first degree. 135.15 Unlawful imprisonment; defense. 135.20 Kidnapping in the second degree. 135.25 Kidnapping in the first degree. 135.45 Custodial interference in the second degree. 135.50 Custodial interference in the first degree. 135.60 Coercion in the second degree. 135.65 Coercion in the first degree.

Article 135.05 Unlawful Imprisonment in the second degree A person is guilty of this when he/she restrains (prevents freedom of movement) another person. Class A Misdemeanor

Article 135.10 Unlawful Imprisonment in the first degree. A person is guilty of this when he/she restrains another person under circumstances which expose the restrained person to a risk of serious physical injury Class E Felony

135.20 Kidnapping in the second degree HNA Lesson 31 135.20 Kidnapping in the second degree A person is guilty of kidnapping (restraining with intent to prevent liberation) in the second degree when he/she abducts another person. Class B felony

(b) Accomplish or advance the commission of a another felony; or… HNA Lesson 31 135.25 Kidnapping in the first degree. A person is guilty of kidnapping in the first degree when he/she abducts another person and when: His/Her 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 He/She restrains the person abducted for a period of more than twelve hours with intent to: (a) Inflict physical injury upon him/her or violate or abuse him/her sexually; or (b) Accomplish or advance the commission of a another felony; or…

(c) Terrorize him/her or a third person; or HNA Lesson 31 (c) Terrorize him/her or a third person; or (d) Interfere with the performance of a governmental or political function; or The person abducted dies during the abduction or before he/she is able to return or to be returned to safety. Class A felony

135.50 Custodial interference in the first degree. HNA Lesson 31 135.50 Custodial interference in the first degree. A person is guilty of this when with intent to permanently remove the victim from this state, he/she removes such person from the state. Class E felony