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New York · Through 2026-09-11

N.Y. Penal Law § 135.45: Custodial interference in the second degree

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Where this section sits in the code
  1. Penal Law
  2. Part 3. Specific Offenses
  3. Title H. Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation
  4. Article 135. Kidnapping, Coercion and Related Offenses

§ 135.45 Custodial interference in the second degree.

A person is guilty of custodial interference in the second degree

when:

1. Being a relative of a child less than sixteen years old, intending

to hold such child permanently or for a protracted period, and knowing

that he has no legal right to do so, he takes or entices such child from

his lawful custodian; or

2. Knowing that he has no legal right to do so, he takes or entices

from lawful custody any incompetent person or other person entrusted by

authority of law to the custody of another person or institution.

Custodial interference in the second degree is a class A misdemeanor.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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