PL 135.20 · Article 135
Kidnapping in the Second Degree
Kidnapping in the second degree alleges that a person abducted another — restraining them with intent to prevent their liberation by secreting or holding them where they are unlikely to be found, or by using or threatening deadly physical force.
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Text us immediately · (845) 290-2492What the prosecutor must prove
- The accused abducted another person, as "abduct" is defined in PL 135.00.
Defenses that commonly apply
- The restraint was incidental to another offense and does not amount to a separate kidnapping (the merger doctrine).
- Lack of intent to prevent liberation.
- The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
- Challenging identification, witness credibility, and the reliability of statements to police.
- Suppression of evidence or statements obtained in violation of constitutional rights.
Penalties and collateral consequences
A Class B Felony carries a maximum sentence of up to 25 years in state prison and a fine of up to Up to $5,000 or up to twice the gain.
A violent felony offense.
Every case turns on its own facts. The information on this page is general, not legal advice.
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