Looking for a lawyer for kidnapping in NYC? Kidnapping is defined under §135 of New York Penal Law. Kidnapping in the second degree is considered a Class B felony and is defined simply as the abduction of another person. Kidnapping in the first degree (a Class A-I felony), however, is more complex. To be proven guilty of kidnapping in the first degree, it must be shown that the defendant abducted another person with the intention of compelling a third party to pay for the return of the abducted individual — this is known as a ransom.

It must also be proven that the defendant restrained the abducted person for more than twelve hours and intended to do one or more of the following:

• Inflict physical injury or commit sexual abuse;

• Advance the commission of a felonious act;

• Terrorize the abducted individual or another person; or

• Interfere with government or political functions.

The final element that must be proven is that the abducted person either died during the commission of the kidnapping or before they could be safely returned. If there is no concrete evidence to prove this, it may be presumed if, after the kidnapping, there is no indication that the person is still alive.

It is a defense under §135.30 that the abductor was a relative of the abducted person and was solely attempting to gain custody or control—not to cause harm, instill fear, or interfere with governmental activities.