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

                                   152

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  MAZIARZ,  BONACIC,  DeFRANCISCO,  GOLDEN, LARKIN,
  LIBOUS, SEWARD -- 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

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

                                                           LBD00695-01-1

S. 152                              2

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
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; OR
  4. THE PERSON ABDUCTED IS LESS THAN SIXTEEN YEARS OLD.
  Kidnapping in the first degree is a class A-I felony.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.