NY Penal Law § 135.20: Kidnapping in the second degree

Kidnapping is one of the most serious crimes in the New York criminal code. It involves restraining someone and secreting them away so that the person cannot be found. While kidnapping is often associated with a demand for ransom, a demand for ransom is not required to be convicted of kidnapping. In addition, it is also not required that you move the victim a substantial distance. For example, a kidnapped victim could be held in a house on the same block as the victim's residence. If you are convicted of kidnapping you could end up in prison for decades or for the rest of your life. There are two degrees of kidnapping: kidnapping the first degree and kidnapping in the second degree. Under New York Penal Law § 135.20, kidnapping in the second degree is defined as abducting another person. Abducting means that you restrained that person and held him or her in a place where he or she is not likely to be found.

Since their breakup, Shawn has constantly begged his ex-girlfriend, Lynda to get back together. Lynda refused. Finally Shawn convinces Lynda to go with him to a coffee shop to talk. Shawn picks up Lynda from her home. Instead of driving to a coffee shop, Shawn drives Lynda to his cabin about 40 miles away. He makes Lynda go in to the cabin. He then begs Lynda to get back together and refuses to let her go until she agrees. Shawn could be prosecuted for kidnapping in the second degree as he abducted Lynda and secreted her away at his cabin.

1. Unlawful imprisonment in the second degree: New York Penal Law § 135.05
2. Unlawful imprisonment in the first degree: New York Penal Law § 135.10
3. Kidnapping in the first degree: New York Penal Law § 135.25

One important defense to a charge of kidnapping is consent. If the victim agreed to go with you and to remain at that location, then you have a defense to a charge of kidnapping in the second degree. Under New York Penal Law § 135.30, a defense to a charge of kidnapping is that you are a relative of the person who was abducted and the purpose of the abduction is to assume control of that person.

Kidnapping in the second degree is a class B felony. You could be sent to prison for up to 25 years. It is further classified as a violent felony offense. This means that even if you have no prior felony convictions, if you are convicted of kidnapping in the first degree you will face a mandatory minimum sentence of 5 years in prison.

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

Kidnapping is one of the most serious crimes in the New York criminal code. If you are convicted of kidnapping in the second degree you could end up in prison for over two decades. However, there are defenses to a charge of kidnapping in the second degree that could result in the charges being dropped, reduced or you being acquitted. Thus, it is important that you immediately seek experienced legal guidance. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with kidnapping, assault, stalking, and other serious crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.