N.Y. Penal Law § 135.50: Custodial interference in the first degree

§ 135.50 Custodial interference in the first degree.

A person is guilty of custodial interference in the first degree when

he commits the crime of custodial interference in the second degree:

1. With intent to permanently remove the victim from this state, he

removes such person from the state; or

2. Under circumstances which expose the victim to a risk that his

safety will be endangered or his health materially impaired.

It shall be an affirmative defense to a prosecution under subdivision

one of this section that the victim had been abandoned or that the

taking was necessary in an emergency to protect the victim because he

has been subjected to or threatened with mistreatment or abuse.

Custodial interference in the first degree is a class E felony.