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 § 135.30 (2026)

Kidnapping; defense

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 5 cases, 1991–2015 · leading case: The People v.Raymond Denson, 42 N.E.3d 676 (N.Y. 2015).
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The People v.Raymond Denson, 42 N.E.3d 676 (N.Y. 2015). “"A person is guilty of kidnaping in the second degree when he abducts another person" (Penal Law § 135.30). As relevant here, "abduct", as defined by Penal Law § 135.”
People v. Petre, 151 Misc. 2d 543 (N.Y. Sup. Ct. 1991). · cites it 9× “*544 defendant’s contentions It is argued in support of the motion that the People, in presenting this matter to the Grand Jury, did not instruct that body as to the affirmative defense to kidnapping as set forth in Penal Law § 135.30. Defendant specifically contends that, as…”
United States v. Barner, 635 F. Supp. 2d 138 (N.D.N.Y. 2009). “FACTS 1 On September 28, 1987, defendant was convicted of Attempted Rape in the First Degree with Forcible Compulsion, in violation of N.Y. Penal Law § 135.30 (1). On November 10, 1987, defendant was sentenced to 3/6 years to 7 years incarceration in the New York State…”
People v. Brown, 264 A.D.2d 12 (N.Y. App. Div. 2000). · cites it 6× “00 (3) and therefore entitled to the affirmative defense set forth in Penal Law § 135.30. We conclude that defendant is not a relative of the child within the meaning of Penal Law § 135.”
People v. Landtiser, 222 A.D.2d 525 (N.Y. App. Div. 1995). “Finally, since the affirmative defense to kidnapping set forth in Penal Law § 135.30 applies only to a "relative of the person abducted”, the prosecutor properly limited her instruction on this defense to Nissan Shapira, the children’s father.”
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