STATE OF NEW YORK
________________________________________________________________________
152
2011-2012 Regular Sessions
IN SENATE(Prefiled)
January 5, 2011
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Introduced by Sens. MAZIARZ, BONACIC, DeFRANCISCO, GOLDEN, LARKIN,
LIBOUS, SEWARD -- read twice and ordered printed, and when printed to
be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to kidnapping in the first
degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 135.25 of the penal law, as amended by chapter 791
2 of the laws of 1967, the closing paragraph as amended by chapter 276 of
3 the laws of 1973, is amended to read as follows:
4 § 135.25 Kidnapping in the first degree.
5 A person is guilty of kidnapping in the first degree when he abducts
6 another person and when:
7 1. His intent is to compel a third person to pay or deliver money or
8 property as ransom, or to engage in other particular conduct, or to
9 refrain from engaging in particular conduct; or
10 2. He restrains the person abducted for a period of more than twelve
11 hours with intent to:
12 (a) Inflict physical injury upon him or violate or abuse him sexually;
13 or
14 (b) Accomplish or advance the commission of a felony; or
15 (c) Terrorize him or a third person; or
16 (d) Interfere with the performance of a governmental or political
17 function; or
18 3. The person abducted dies during the abduction or before he is able
19 to return or to be returned to safety. Such death shall be presumed, in
20 a case where such person was less than sixteen years old or an incompe-
21 tent person at the time of the abduction, from evidence that his
22 parents, guardians or other lawful custodians did not see or hear from
23 him following the termination of the abduction and prior to trial and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00695-01-1
S. 152 2
1 received no reliable information during such period persuasively indi-
2 cating that he was alive. In all other cases, such death shall be
3 presumed from evidence that a person whom the person abducted would have
4 been extremely likely to visit or communicate with during the specified
5 period were he alive and free to do so did not see or hear from him
6 during such period and received no reliable information during such
7 period persuasively indicating that he was alive; or
8 4. The person abducted is less than sixteen years old.
9 Kidnapping in the first degree is a class A-I felony.
10 § 2. This act shall take effect on the ninetieth day after it shall
11 have become a law.
