Kidnapping in the First Degree
The New York statutes define first degree kidnapping as follows:
§ 135.25 Kidnapping in the first degree.
A person is guilty of kidnapping in the first degree when he abducts another person and when:
- His intent is to compel a third person to pay or deliver money or property as ransom, or to engage in other particular conduct, or to refrain from engaging in particular conduct; or
- He restrains the person abducted for a period of more than twelve hours with intent to:
- Inflict physical injury upon him or violate or abuse him sexually; or
- Accomplish or advance the commission of a felony; or
- Terrorize him or a third person; or
- Interfere with the performance of a governmental or political function; or
- (Paraphrased) The kidnapped person dies during confinement.
Kidnapping in the first degree is classified as a Class A-1 felony, which is punishable by a term of imprisonment between 15 and 25 years.
Kidnapping in the Second Degree
The New York statutes define second degree kidnapping as follows:
§ 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.
As you see, this statute is much more simple to analyze, and there is no time requirement or any other circumstances that need to be present in order for the charge to be appropriate or for the conviction at issue to be valid. A Class B felony can still lead to a prison term of up to 25 years.
If you are facing charges of kidnapping, you need to act immediately to build your defense.Contact the criminal defense lawyers at The Blanch Law Firm by calling 212-736-3900 as soon as possible to schedule an initial consultation.