N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation / ARTICLE Kidnapping, Coercion and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 135.20 (2026)

Kidnapping in the second degree

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 138 cases (27 in the last 5 years), 1977–2026 · leading case: The People v.Raymond Denson, 42 N.E.3d 676 (NY 2015).
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The People v.Raymond Denson, 42 N.E.3d 676 (NY 2015). · cites it 5× “The People were required to prove that defendant came dangerously near to abducting the victim (see Penal Law § 135.20). As we have acknowledged, the statutory definition of "abduct" is complex (see People v Leonard, 19 NY3d 323, 326-327 [2012]).”
People v. Leonard, 970 N.E.2d 856 (NY 2012). · cites it 4× “Penal Law § 135.20 says simply: “A person is guilty of kidnapping in the second degree when he abducts another person.”
United States v. Moreno-Florean, 542 F.3d 445 (5th Cir. 2008). · cites it 2× “3d 790 (determining that N.Y. Penal Law § 135.20 qualified); Gonzalez-Ramirez, 477 F.”
United States v. Gurmeet Singh Dhinsa, 243 F.3d 635 (2d Cir. 2001). “§ 1959 (a)(1), (5), based on a violation of N.Y. Penal Law § 135.20 (kidnapping in the second degree).”
People v. Knox, 903 N.E.2d 1149 (NY 2009). “It is not disputed that these three defendants are within the definition of “sex offender” as the statute is written.”
People v. Bridges, 612 P.2d 1110 (Colo. 1980). · cites it 2× “(1) (McKinney's, 1909; current version at N.Y. Penal Law section 135.20; McKinney, 1975).”
People v. Bussey, 970 N.E.2d 404 (NY 2012). · cites it 2× “4 The Cassidy Court, deciding whether the merger doctrine applied to kidnapping in the second degree (Penal Law § 135.20) 5 reasoned that while “the 12-hour durational requirement of section 135.”
People v. Cintron, 13 Misc. 3d 833 (N.Y. Sup. Ct. 2006). · cites it 2× “10) and kidnapping (Penal Law §§ 135.20, 135.25) where the victim is less than 17 and defendant is not the victim’s parent (Correction Law § 168-a [2] [a] [i]).”
People v. McEathron, 86 A.D.3d 915 (N.Y. App. Div. 2011). “Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of kidnapping in the second degree (Penal Law § 135.20) and assault in the second degree (§ 120.”
People v. Dinsio, 286 A.D.2d 517 (N.Y. App. Div. 2001). · cites it 2× “Turning next to defendants’ convictions for kidnapping in the second degree (see, Penal Law § 135.20), we disagree that the merger doctrine requires reversal.”
People v. Lopez, 535 N.E.2d 1328 (NY 1989). “esent or even threatening to shoot may be as frightening as displaying a firearm, but under these statutes it is the "display” of what appears to be a firearm, and not the mere threat to use one, which is required (compare, People v Dodt, 61 NY2d 408 [defendant’s statement to…”
People v. Gonzalez, 603 N.E.2d 938 (NY 1992). “25), but an abduction without more is second degree kidnapping, a class B felony (Penal Law § 135.20). Unlawful imprisonment in the *151 first degree, an E felony, is defined as a restraint "under circumstances which expose [the victim] to a risk of serious physical injury”…”
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