PL 135.20 · Article 135
Kidnapping in the Second Degree
This section makes abducting another person the basis of second-degree kidnapping. The prosecutor must prove abduction by the person accused beyond a reasonable doubt, and the conduct must meet the legal meaning of abduction rather than merely be described as kidnapping.
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Text us immediately · (845) 290-2492Definition under New York law
PL 135.20 · Original statutory wording; excerpts must be read together with the full section.
§ 135.20 Kidnapping in the second degree. A person is guilty of kidnapping in the second degree when he abducts another person. Kidnapping in the second degree is a class B felony.Read the full section at the New York State SenateIn everyday language
This section makes abducting another person the basis of second-degree kidnapping. The prosecutor must prove abduction by the person accused beyond a reasonable doubt, and the conduct must meet the legal meaning of abduction rather than merely be described as kidnapping.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The person accused abducted another person within the legal meaning of abduction.
- The supplied section provides a single basis for liability, not multiple statutory alternatives, and does not supply the definition of abduction.
- The prosecutor must prove abduction by the person accused beyond a reasonable doubt.
Defenses that commonly apply
- What specific acts are alleged to constitute abduction rather than some other interaction?
- What do witness accounts, recordings, or communications show about how the other person came to be at the location involved?
- What evidence identifies the person accused as responsible for the alleged abduction?
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 $5,000 or up to twice the gain.
A violent felony offense.
Common questions about your defense
Can a kidnapping charge be challenged because the events did not amount to abduction?
Abduction is the conduct required by the supplied section, but that excerpt does not define it. If the evidence does not establish conduct meeting the legal meaning of abduction, that could support a defense. The prosecutor must prove beyond a reasonable doubt that the person accused abducted another person.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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