The crime of kidnapping is a felony offense in New York in which an alleged offender abducts another person. New York Penal Law § 135.00 defines abduct as “to restrain a person with intent to prevent his or her liberation by either secreting or holding him or her in a place where he or she is not likely to be found, or using or threatening to use deadly physical force.”
While the traditional form of kidnapping envisioned by many people involves a person being abducted by a complete stranger, the truth is that many kidnapping cases involve alleged offenders who are family members or other close acquaintances of the alleged victims. As a result, some people charged with kidnapping may have been parents who simply thought they were exercising legal custody over their children.
Attorney for Kidnapping Arrests in Nassau County, NY
Do you think that you might be under investigation or were you already arrested for kidnapping in New York City? You should avoid making any kind of statement to authorities until you have legal representation. Contact Law Office of Stephanie Selloni as soon as possible.
Garden City criminal defense lawyer Stephanie Selloni aggressively defends people accused of violent crimes all over the greater Long Island area, including Hempstead, Long Beach, Lynbrook, Mineola, Oyster Bay, and several other surrounding areas. You can have our attorney review your case and answer all of your legal questions when you call (516) 972-1212 to receive a free initial consultation.
Overview of Kidnapping Crimes in New York
- What is the difference between the two degrees of kidnapping in New York?
- How long can people be sentenced to prison if convicted of kidnapping?
- Where can I learn more about kidnapping in Garden City?
Under New York Penal Law § 135.20, a person commits kidnapping in the second degree when he or she abducts another person. Kidnapping in the second degree is a class B felony.
A person commits kidnapping in the first degree under New York Penal Law § 135.25 if he or she abducts another person and:
- 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;
- He restrains the person abducted for a period of more than twelve hours with intent to:
- Inflict physical injury upon him or violate or abuse him sexually;
- Accomplish or advance the commission of a felony; or
- Terrorize him or a third person; or
- Interfere with the performance of a governmental or political function; or
- The person abducted dies during the abduction or before he is able to return or to be returned to safety.
When a person abducted dies during the abduction or before he is able to return or to be returned to safety, such death will be presumed—in a case where such person was less than 16 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 will 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.
When a person is charged with the class B felony offense of kidnapping in the second degree, a conviction is punishable by a minimum of five years up to 25 years in prison. A conviction for the class A-I felony offense of kidnapping in the first degree may result in a life sentence.
Under New York Penal Law § 135.30, it is an affirmative defense in any prosecution for kidnapping that:
- the alleged offender was a relative of the person abducted; and
- his or her sole purpose was to assume control of such person.
Preventing Abduction | Travel.gov | U.S. Department of State — Use this section of the Department of State website to learn more about steps you can take to prevent an abduction. You can also view a brochure on preventing international parental child abduction and enroll in the Children’s Passport Issuance Alert Program (CPIAP). You can also use an interactive map to view resources in your state.
Parents’ Guide to Preventing Child Abduction, Kidnapping | Kidguard — KidGuard is a technology services company that provides information and tools for parents to keep their kids safe online. On this section of the KidGuard website, you can find surprising facts about kidnapping, dangers in the digital age, and common lures used by kidnappers. You can also download worksheets for your children.
The Parental Kidnapping Prevention Act (PKPA) | 28 U.S.C. § 1738A — The PKPA is a federal law that was enacted in 1980 to establish national standards for the assertion of child custody jurisdiction. The federal law was passed to reduce instances of “forum shopping,” in which parents dissatisfied with court ruling in their homes states initiate legal actions in other states. Under the PKPA, a state cannot modify the child custody decree of another state without complying with the terms of the federal law.
Law Office of Stephanie Selloni | Garden City Kidnapping Defense Lawyer
If you were arrested or believe that you could be under investigation for an alleged kidnapping anywhere in New York City, it is in your best interest to exercise your right to remain silent until you have legal counsel. Law Office of Stephanie Selloni represents people in Freeport, Garden City, Glen Cove, Massapequa Park, North Hempstead, and many other nearby communities in Long Island.
Nassau County criminal defense attorney Stephanie Selloni can fight to possibly get your criminal charges reduced or dismissed. Call (516) 972-1212 or submit an online contact form to have our lawyer provide a complete evaluation of your case during a free initial consultation.