new york penal law 135 20 kidnapping in the second degree

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.

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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.

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

There are some defenses that your lawyer could use to fight a kidnapping charge:

• No intent – If it was all just a misunderstanding or accident, you may not have intended to restrain them.
• Consent – The “victim” willingly went with you without threats or force.
• No substantial confinement – You didn’t actually restrict their movements or freedom.
• Temporary lawful custody – Like a store security guard detaining a shoplifter.

Your lawyer will look at all the evidence and circumstances to figure out if any of these defenses apply. It’s really important to have an experienced criminal defense lawyer help build your defense.

Penalties if Convicted

Kidnapping in the second degree is a class B felony. That means if convicted, you face these penalties:

• Prison sentence of 1 to 25 years
• Fines up to $5,000
• Permanent criminal record
• Loss of certain rights, like voting and gun ownership

And because it’s a violent felony, you’ll face a mandatory minimum of 5 years in prison, even with no prior record. The judge does not have discretion to give you less than 5 years.

You’ll also go on the sex offender registry if the victim was under 17 and you weren’t related to them. That brings a ton of other restrictions you’ll have to deal with.

As you can see, these are really serious penalties that will change your life forever. So fighting the charges should be your top priority.

Related Charges

Kidnapping charges often come with other charges too, like:

• Unlawful Imprisonment – when you illegally confine someone but there’s no abduction
• Kidnapping in the First Degree – if you kidnapped someone under 16 or injured them
• Assault, robbery, sex offenses – depending on other crimes committed

Your lawyer will fight all the charges together and try to get the best overall outcome possible.

Getting Help

If you or someone you know is charged with kidnapping in the second degree, don’t go through it alone. Get help from an experienced criminal defense lawyer. A good lawyer will:

• Fully investigate the allegations
• Challenge any illegal police actions
• Negotiate with the prosecutor
• Present defenses that show your innocence
• Advocate for the lowest penalties possible

Don’t take chances with your future. The costs of a conviction are too high. Do everything you can to protect yourself. The first step is hiring a lawyer you can trust.

References

[1] https://criminaldefense.1800nynylaw.com/new-york-penal-law-135-20-kidnapping-in-the-second-degree.html

[2] https://www.tilemlawfirm.com/new-york-penal-law-%C2%A7-135-20-kidnapping-in-the-second-degree.html

[3] https://ypdcrime.com/penal.law/article135.php

[4] https://www.federallawyers.com/blog/ny-penal-law-%C2%A7-135-20-kidnapping-in-the-second-degree/

[5] https://www.tsiglerlaw.com/new-york-penal-law-%C2%A7-135-20-kidnapping-second-degree/

[6] https://www.nycourts.gov/judges/cji/2-PenalLaw/135/135-20.pdf