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135.25 – Kidnapping in the first degree

§ 135.25 Kidnapping in the first degree.

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.

Criminal Laws NY