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Article 135 - NY Penal Law

KIDNAPPING, COERCION AND RELATED OFFENSES

S 135.00 Unlawful imprisonment, kidnapping and custodial interference;
                definitions of terms.
  The following definitions are applicable to this article:
  1. "Restrain" means to restrict a person`s movements intentionally and
unlawfully in such manner as to interfere substantially with his liberty
by moving him from one place to another, or by confining him either in
the place where the restriction commences or in a place to which he has
been moved, without consent and with knowledge that the restriction is
unlawful. A person is so moved or confined "without consent" when such
is accomplished by (a) physical force, intimidation or deception, or (b)
any means whatever, including acquiescence of the victim, if he is a
child less than sixteen years old or an incompetent person and the
parent, guardian or other person or institution having lawful control or
custody of him has not acquiesced in the movement or confinement.
  2. "Abduct" means to restrain a person with intent to prevent his
liberation by either (a) secreting or holding him in a place where he is
not likely to be found, or (b) using or threatening to use deadly
physical force.
  3. "Relative" means a parent, ancestor, brother, sister, uncle or
aunt.

S 135.05 Unlawful imprisonment in the second degree.
  A person is guilty of unlawful imprisonment in the second degree when
he restrains another person.
  Unlawful imprisonment in the second degree is a class A misdemeanor.

S 135.10 Unlawful imprisonment in the first degree.
  A person is guilty of unlawful imprisonment in the first degree when
he restrains another person under circumstances which expose the latter
to a risk of serious physical injury.
  Unlawful imprisonment in the first degree is a class E felony.

S 135.15 Unlawful imprisonment; defense.
  In any prosecution for unlawful imprisonment, it is an affirmative
defense that (a) the person restrained was a child less than sixteen
years old, and (b) the defendant was a relative of such child, and (c)
his sole purpose was to assume control of such child.

S 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.

S 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.

S 135.30 Kidnapping; defense.
  In any prosecution for kidnapping, it is an affirmative defense that
(a) the defendant was a relative of the person abducted, and (b) his
sole purpose was to assume control of such person.

S 135.35 Labor trafficking.
  A  person  is  guilty  of  labor  trafficking  if he or she compels or
induces another to engage in labor or  recruits,  entices,  harbors,  or
transports such other person by means of intentionally:
  1.  unlawfully  providing  a  controlled substance to such person with
intent to impair said person's judgment;
  2. requiring that the labor be performed to retire, repay, or  service
a  real  or  purported  debt  that  the actor has caused by a systematic
ongoing course of conduct with intent to defraud such person;
  3. withholding, destroying, or confiscating any  actual  or  purported
passport,  immigration  document,  or  any  other  actual  or  purported
government identification document, of another  person  with  intent  to
impair  said  person's freedom of movement; provided, however, that this
subdivision shall not apply to an attempt to correct a  social  security
administration  record  or  immigration agency record in accordance with
any local, state, or federal agency requirement, where such  attempt  is
not made for the purpose of any express or implied threat;
  4. using force or engaging in any scheme, plan or pattern to compel or
induce  such person to engage in or continue to engage in labor activity
by means of instilling a fear in such person that, if the demand is  not
complied  with,  the  actor  or  another  will  do  one  or  more of the
following:
  (a) cause physical injury, serious physical  injury,  or  death  to  a
person; or
  (b) cause damage to property, other than the property of the actor; or
  (c)  engage  in  other  conduct  constituting  a  felony  or  unlawful
imprisonment in the second degree in violation of section 135.05 of this
chapter; or
  (d) accuse some person  of  a  crime  or  cause  criminal  charges  or
deportation  proceedings to be instituted against such person; provided,
however, that it shall be an affirmative  defense  to  this  subdivision
that  the defendant reasonably believed the threatened charge to be true
and that his or her sole purpose was to compel or induce the  victim  to
take  reasonable  action to make good the wrong which was the subject of
such threatened charge; or
  (e) expose a secret or publicize an asserted  fact,  whether  true  or
false,  tending  to subject some person to hatred, contempt or ridicule;
or
  (f)  testify  or  provide  information  or   withhold   testimony   or
information with respect to another's legal claim or defense; or
  (g) use or abuse his or her position as a public servant by performing
some  act within or related to his or her official duties, or by failing
or refusing to perform an official duty, in such  manner  as  to  affect
some person adversely.
  Labor trafficking is a class D felony.

S 135.36 Labor trafficking; accomplice.
  In  a  prosecution  for  labor  trafficking,  a  person  who  has been
compelled or induced or recruited, enticed, harbored or  transported  to
engage in labor shall not be deemed to be an accomplice.

S 135.45 Custodial interference in the second degree.
  A person is guilty of custodial interference in the second degree
when:
  1. Being a relative of a child less than sixteen years old, intending
to hold such child permanently or for a protracted period, and knowing
that he has no legal right to do so, he takes or entices such child from
his lawful custodian; or
  2. Knowing that he has no legal right to do so, he takes or entices
from lawful custody any incompetent person or other person entrusted by
authority of law to the custody of another person or institution.
  Custodial interference in the second degree is a class A misdemeanor.

S 135.50 Custodial interference in the first degree.
  A person is guilty of custodial interference in the first degree when
he commits the crime of custodial interference in the second degree:
  1. With intent to permanently remove the victim from this state, he
removes such person from the state; or
  2. Under circumstances which expose the victim to a risk that his
safety will be endangered or his health materially impaired.
  It shall be an affirmative defense to a prosecution under subdivision
one of this section that the victim had been abandoned or that the
taking was necessary in an emergency to protect the victim because he
has been subjected to or threatened with mistreatment or abuse.
  Custodial interference in the first degree is a class E felony.

S 135.55 Substitution of children.
  A person is guilty of substitution of children when, having been
temporarily entrusted with a child less than one year old and intending
to deceive a parent, guardian or other lawful custodian of such child,
he substitutes, produces or returns to such parent, guardian or
custodian a child other than the one entrusted.
  Substitution of children is a class E felony.

S 135.60 Coercion in the second degree.
 A  person  is  guilty  of coercion in the second degree when he or she
compels or induces a person to engage in conduct which the latter has  a
legal  right to abstain from engaging in, or to abstain from engaging in
conduct in which he or she has a legal right to engage,  or  compels  or
induces  a  person  to join a group, organization or criminal enterprise
which such latter person has a right to abstain from joining,  by  means
of  instilling  in him or her a fear that, if the demand is not complied
with, the actor or another will:
  1. Cause physical injury to a person; or
  2. Cause damage to property; or
  3. Engage in other conduct constituting a crime; or
  4. Accuse some person of a crime  or  cause  criminal  charges  to  be
instituted against him or her; or
  5.  Expose  a  secret  or  publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt  or  ridicule;
or
  6.  Cause  a  strike,  boycott  or other collective labor group action
injurious to some person's business; except that such a threat shall not
be deemed coercive when the act or omission compelled is for the benefit
of the group in whose interest the actor purports to act; or
  7. Testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
  8. Use or abuse his or her position as a public servant by  performing
some  act within or related to his or her official duties, or by failing
or refusing to perform an official duty, in such  manner  as  to  affect
some person adversely; or
  9.  Perform any other act which would not in itself materially benefit
the actor but which is calculated to harm another person materially with
respect to  his  or  her  health,  safety,  business,  calling,  career,
financial condition, reputation or personal relationships.
  Coercion in the second degree is a class A misdemeanor.

S 135.65 Coercion in the first degree.
  A person is guilty of coercion in the first  degree  when  he  or  she
commits the crime of coercion in the second degree, and when:
  1.  He  or  she  commits such crime by instilling in the victim a fear
that he or she will cause physical injury to a person or cause damage to
property; or
  2. He or she thereby compels or induces the victim to:
  (a) Commit or attempt to commit a felony; or
  (b) Cause or attempt to cause physical injury to a person; or
  (c) Violate his or her duty as a public servant.
  Coercion in the first degree is a class D felony.
  Coercion in the first degree is a class D felony.

S 135.70 Coercion; no defense.
  The crimes of (a) coercion and attempt to commit coercion, and (b)
bribe receiving by a labor official as defined in section 180.20, and
bribe receiving as defined in section 200.05, are not mutually
exclusive, and it is no defense to a prosecution for coercion or an
attempt to commit coercion that, by reason of the same conduct, the
defendant also committed one of such specified crimes of bribe
receiving.

S 135.75 Coercion; defense.
  In any prosecution for coercion committed by instilling in the victim
a fear that he or another person would be charged with a crime, it is an
affirmative defense that the defendant reasonably believed the
threatened charge to be true and that his sole purpose was to compel or
induce the victim to take reasonable action to make good the wrong which
was the subject of such threatened charge.

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