new york penal law 135 20 kidnapping in the second degree

Kidnapping is one of the most serious crimes in New York. It involves taking someone against their will and holding them somewhere they don’t wanna be. Kidnapping in the second degree is when someone kidnaps another person. It don’t matter how old the victim is. Kidnapping in the second degree is a class B felony. If convicted, you could go to prison for up to 25 years.

I’m gonna talk about the specific law, what it means, some examples, defenses, and what happens if you’re convicted. I’ll also link to some other articles that go more in-depth on certain things.

The Law – New York Penal Law 135.20

Here’s what the law says:

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

That’s pretty simple. You kidnap someone, you committed this crime. Let’s break it down more.

Abduct means you restrain a person and prevent them from leaving. You don’t need to use force or weapons to abduct someone. It can be verbal threats or intimidation. You also don’t need to take them far. Even moving them a small distance is enough.

Restrain means limiting their movements. This includes things like tying them up, locking them in a room, holding them down. It don’t gotta be for a long time neither. Even just a few minutes is enough.

It don’t matter if you kidnapped someone for ransom, revenge, or anything else. Motive is irrelevant here. All that matters is you abducted them.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

Your ex-partner refused to return your child after a visitation weekend, drove to another county, and kept the child hidden for three days without any custodial authorization. Police arrested your ex and charged them under New York Penal Law 135.20 for kidnapping in the second degree, and now your family is trying to understand what this charge means and what penalties they face.

What exactly does a kidnapping in the second degree charge mean under New York law, and how much prison time could my ex actually be facing?

Attorney's Answer

Under New York Penal Law 135.20, kidnapping in the second degree occurs when a person abducts another person — meaning they restrain them and move them from one place to another, or hold them in a place where they are unlikely to be found. This is classified as a class B violent felony, which carries a maximum sentence of 25 years in state prison and a mandatory minimum of 5 years. However, there are affirmative defenses available under Penal Law 135.25, such as voluntarily releasing the victim unharmed before trial, which could potentially reduce the charge. Given the severity of this offense and the complexity of the defenses involved, it is critical to retain an experienced criminal defense attorney immediately to evaluate every possible avenue for reducing or dismissing the charge.

This is general information only. Contact us for advice specific to your situation.

Examples

Here’s some examples of kidnapping in the second degree:

• Grabbing someone off the street and forcing them into your car
• Luring someone into a building under false pretenses then not letting them leave
• Tying up your spouse and holding them hostage during a fight
• Blocking someone in a room and threatening them if they try to leave

As you can see, there’s a lot of different ways it can happen. Anytime you take away someone’s freedom against their will, you could be looking at a kidnapping charge.

Defenses