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New York · Through 2026-09-11

N.Y. Education Law § 265-a: Defense of lawful detention

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Where this section sits in the code
  1. Education Law
  2. Title 1. General Provisions Article 1 Short Title and Definitions (§§
  3. Article 5. University of the State of New York
  4. Part 2. Libraries

§ 265-a. Defense of lawful detention. In any action for false arrest,

false imprisonment, unlawful detention, defamation of character,

assault, trespass or invasion of civil rights brought by any person by

reason of having been detained on or in the immediate vicinity of the

premises of a public library or association library for the purpose of

investigation or questioning as to the ownership of any materials, it

shall be a defense to such action that the person was detained in a

reasonable manner and for not more than a reasonable time to permit such

investigation or questioning by a peace officer or by the librarian in

charge, his or her authorized employee or agent, and that such peace

officer, librarian, employee or agent has reasonable grounds to believe

that the person so detained was committing or attempting to commit

larceny on such premises of such materials. As used in this section,

"reasonable grounds" shall include, but not be limited to, knowledge

that a person has concealed, unauthorized possession of material owned

or belonging to the public library or association library, and a

"reasonable time" shall mean the time necessary to permit the person

detained to make a statement or to refuse to make a statement, and the

time necessary to examine employees and records of the public library or

association library relative to the ownership of the materials.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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