New York statute
N.Y. Penal Law § 135.25 — Kidnapping in the first degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 135: Kidnapping, Coercion and Related Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 135.25
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
135.25 Kidnapping in the first degree.
A person is guilty of kidnapping in the first degree when he abducts
another person and when:
1. 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
2. He restrains the person abducted for a period of more than twelve
hours with intent to:
(a) Inflict physical injury upon him or violate or abuse him sexually;
or
(b) Accomplish or advance the commission of a felony; or
(c) Terrorize him or a third person; or
(d) Interfere with the performance of a governmental or political
function; or
3. The person abducted dies during the abduction or before he is able
to return or to be returned to safety. Such death shall be presumed, in
a case where such person was less than sixteen years old or an
incompetent person at the time of the abduction, from evidence that his
parents, guardians or other lawful custodians did not see or hear from
him following the termination of the abduction and prior to trial and
received no reliable information during such period persuasively
indicating that he was alive. In all other cases, such death shall be
presumed from evidence that a person whom the person abducted would have
been extremely likely to visit or communicate with during the specified
period were he alive and free to do so did not see or hear from him
during such period and received no reliable information during such
period persuasively indicating that he was alive.
Kidnapping in the first degree is a class A-I felony.
Official sources
Legal terms used in this section
Questions this section answers
What class of felony is kidnapping in the first degree in New York?
Kidnapping in the first degree is a Class A-I Felony in New York under N.Y. Penal Law § 135.25.
Which New York statute covers kidnapping in the first degree?
Kidnapping in the first degree is governed by N.Y. Penal Law § 135.25 (Kidnapping in the first degree).
This reference is informational and is not legal advice.