senate Bill S7811

2011-2012 Legislative Session

Establishes the crime kidnapping of a child, a class A felony

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2012 referred to rules

S7811 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add ยง135.27, Pen L

S7811 - Bill Texts

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Establishes the crime kidnapping of a child, a class A felony.

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BILL NUMBER:S7811

TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crime
of kidnapping of a child, a class A felony

PURPOSE:
To increase the penalties of kidnapping a child.

SUMMARY OF PROVISIONS:
Adds a new section 135.27 to the penal law is amended to include the
kidnapping of a child under the age of sixteen years.

EXISTING LAW:
Existing law does not make specific reference to the kidnapping of a
child. The current penalties are the same for abduction of an adult as
a child.

JUSTIFICATION:
According to the Vanished Children's Alliance, every 40 seconds a
child disappears or is kidnapped in the United States. Justice
Department statistics of kidnapped children in America reports that
24% of all kidnapping cases are "stranger-kidnappings." The National
Center for Missing & Exploited Children reports 3,000 to 5,000 child
abductions by non-family members each year, most of which are sexually
motivated. About 200 to 300 cases are serious enough to involve
murder.

According to the Journal of Forensic Psychiatry Psychology (Volume:
19, Issue 2, 2008), kidnappers are more likely to be convicted of
another kidnapping offense than be convicted of the more serious
offences of rape of a female or homicide. It is estimated that 5 out
of every 100 kidnapping offenders convicted of first-time kidnapping
will be reconvicted for this offense within 20 years.

The kidnapping of a child must be dealt with aggressively. Someone who
would snatch a child in public with the intent to physically or
sexually abuse or kill that child is a menace to our society and
cannot be trusted to walk our streets freely.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Ninetieth day after the bill becomes law.

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

                                  7811

                            I N  S E N A T E

                              June 20, 2012
                               ___________

Introduced  by Sen. STOROBIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the penal law, in relation to establishing the crime  of
  kidnapping of a child, a class A felony

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 135.27  to
read as follows:
S 135.27 KIDNAPPING OF A CHILD.
  A PERSON IS GUILTY OF KIDNAPPING OF A CHILD WHEN HE OR SHE ABDUCTS AND
RESTRAINS A PERSON LESS THAN SIXTEEN YEARS OF AGE WITH INTENT TO INFLICT
PHYSICAL INJURY UPON HIM OR HER OR VIOLATE OR ABUSE HIM OR HER SEXUALLY.
  KIDNAPPING OF A CHILD IS A CLASS A FELONY.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16349-01-2

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