Senate Bill S7784

2009-2010 Legislative Session

Relates to kidnapping in the first degree

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S7784 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง135.25, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S152

2009-S7784 (ACTIVE) - Summary

Provides that abducting a person under age of sixteen shall be kidnapping in the first degree.

2009-S7784 (ACTIVE) - Sponsor Memo

2009-S7784 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7784

                            I N  S E N A T E

                              May 10, 2010
                               ___________

Introduced  by  Sens.  MAZIARZ,  BONACIC,  DeFRANCISCO,  GOLDEN, LARKIN,
  LIBOUS, SALAND, SEWARD, VOLKER,  WINNER  --  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:

  Section  1. Section 135.25 of the penal law, as amended by chapter 791
of the laws of 1967, the closing paragraph as amended by chapter 276  of
the laws of 1973, is amended to read as follows:
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  incompe-
tent  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  indi-
cating  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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