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 § 135.25 (2026)

Kidnapping in the first degree

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 102 cases (9 in the last 5 years), 1977–2026 · leading case: People v. Mateo, 811 N.E.2d 1053 (N.Y. 2004).
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People v. Mateo, 811 N.E.2d 1053 (N.Y. 2004). · cites it 2× “[8] The first degree kidnapping statute, Penal Law § 135.25 (3), provides that a person is guilty of that crime when he or she abducts another person who dies during the abduction or before being able to return or to be returned to safety.”
State v. Salamon, 949 A.2d 1092 (Conn. 2008). · cites it 4× “[13] See N.Y. Penal Law § 135.25 (McKinney 2004) (person is guilty of kidnapping in first degree when, under circumstances not involving demand for ransom, he abducts another person, restrains that other person for more than twelve hours and possesses specific intent to do…”
Gary Thibodeau v. Leonard Portuondo, 486 F.3d 61 (2d Cir. 2007). · cites it 5× “), denying and dismissing his petition for a writ of habeas corpus, which challenged New York’s first-degree kidnapping statute, N.Y. Penal Law § 135.25 (3) (“section 135.”
People v. Konstantinides, 923 N.E.2d 567 (N.Y. 2009). · cites it 2× “25 [1]); kidnapping in the first degree (Penal Law § 135.25); and criminal possession of a weapon in the second and third degrees (Penal Law § 265.”
People v. Thibodeau, 267 A.D.2d 952 (N.Y. App. Div. 1999). · cites it 5× “Memorandum: In these consolidated appeals, defendant appeals from a judgment convicting him upon a jury verdict of kidnapping in the first degree (Penal Law § 135.25 [3]) and sentencing him to an indeterminate term of imprisonment of 25 years to life (appeal No.”
People v. Lucas, 897 N.E.2d 1052 (N.Y. 2008). · cites it 3× “27 [1] [a] [vii]), and an abduction during which the person abducted dies is first degree kidnapping (Penal Law § 135.25 [3]). Defendant, who was indicted for first degree murder based on his killing of a person he had abducted, *220 argues that the indictment was legally…”
People v. Gonzalez, 603 N.E.2d 938 (N.Y. 1992). · cites it 2× “) The kidnapping statute was substantially revised in 1967, providing for first and second degree kidnapping (see, Penal Law §§ 135.25, 135.20) and the lesser crimes of unlawful imprisonment, also in the first and second degrees (see, Penal Law §§ 135.”
People v. Thompson, 633 N.E.2d 1074 (N.Y. 1994). · cites it 2× “25), kidnapping in the first degree (Penal Law § 135.25), and arson in the first degree (Penal Law § 150.”
People v. Miller, 661 N.E.2d 1358 (N.Y. 1995). · cites it 2× “The conduct for which defendant was convicted upon a count of attempted robbery in the first degree is the exact conduct proscribed by felony assault in the first degree.”
People v. Bell, 3 Misc. 3d 773 (N.Y. Sup. Ct. 2003). · cites it 2× “On October 23, 1981 the defendant was convicted of kidnapping in the first degree (Penal Law § 135.25 [1]) and related crimes.”
State v. Niemeyer, 782 A.2d 658 (Conn. 2001). “In Lombardi , the New York Court of Appeals had before it New York’s kidnapping statute; N.Y. Penal Law § 135.25 ; upon which our kidnapping statute was modeled.”
People v. Hale, 173 Misc. 2d 140 (N.Y. Sup. Ct. 1997). · cites it 2× “(See, Penal Law § 135.25 [3].) 8 According to the defendant, Penal Law § 125.”
Show all 102 citing cases →
N.Y. Penal Law § 135.25(2): 1 case
State v. Lujan, 911 P.2d 562 (Ariz. Ct. App. 1995).
N.Y. Penal Law § 135.25(2)(b): 1 case
Ehinger v. Miller, 942 F. Supp. 925 (S.D.N.Y. 1996).
N.Y. Penal Law § 135.25(2)(c): 1 case
State v. Lujan, 911 P.2d 562 (Ariz. Ct. App. 1995).
N.Y. Penal Law § 135.25(3): 4 cases
Gary Thibodeau v. Leonard Portuondo, 486 F.3d 61 (2d Cir. 2007). “), denying and dismissing his petition for a writ of habeas corpus, which challenged New York’s first-degree kidnapping statute, N.Y. Penal Law § 135.25 (3) (“section 135.”
Nichols v. Kelly, 923 F. Supp. 420 (W.D.N.Y. 1996).
Whitehurst v. Senkowski, 485 F. Supp. 2d 105 (N.D.N.Y. 2007).
Thibodeau v. Portuondo (2d Cir. 2007).
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