One of the most serious crimes a person can commit in the state of New York is kidnapping. It is committed when a person restrains and holds another individual in a concealed location without the consent of that person. In general, there are two degrees of kidnapping in the New York criminal code. One is kidnapping in the second degree, while the other is kidnapping in the second degree. Kidnapping in the second degree entails the abduction of a person. However, according to New York penal law 135.25, if you abduct someone with certain other factors being involved, your charge can be elevated to kidnapping in the first degree.
Factors That Raise Charge to Kidnapping in the First Degree as Per New York Penal Law 135.25
There are specific additional factors that come into play that can elevate a charge of kidnapping in the second degree to kidnapping in the first degree. They are as follows:
• The kidnapper demands a ransom
• The person kidnapped dies If the individual was under the age of 16 or deemed incompetent at the time of the abduction, a first degree charge is given with the crime
• The kidnapped person is restrained for over 12 hours so that the kidnapper can physically or sexually assault them, commit a felony, terrorize a third person or interfere with the performance of a governmental or political function
Example of Kidnapping in the First Degree According to New York’s Penal Law 135.25
One example of the crime of kidnapping in the first degree is a man abducting a minor child from the park with the help of her nanny. The man knows that the child’s parents are wealthy and subsequently demands payment in the amount of $1 million to return the little girl safely to them. As a result of these actions, the man and the child’s nanny could both be charged with and prosecuted for kidnapping in the first degree due to the fact that both were involved in the crime and a ransom was demanded.
Defenses for Kidnapping in the First Degree
One of the most important defenses for the crime of kidnapping in the first degree is consent. In other words, if the victim actually knew that you intended to go to a specific location and they agreed to go with you, the charge could be dropped to kidnapping in the second degree. As per New York’s Penal Law 135.30, there is another defense for a kidnapping charge that is that you are related to the individual you abducted and that the purpose behind the kidnapping was to control that person. If you are charged with kidnapping in the first degree, your NYC criminal attorney can argue in court that the victim knew you were going to a certain location and requested to go with you. Of course, this would result in the charges against you being reduced to kidnapping in the second degree.
Penalties and Sentencing for Kidnapping in the First Degree
The crime of kidnapping in the second degree is considered to be a class A-1 felony. If you are convicted of the crime, you can spend the rest of your life in prison. a minimum sentence for kidnapping in the first degree ranges from 15 to 40 years.
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