{"jurisdiction": "us-ny", "code": "fca", "section": "305.1", "citation": "FCA § 305.1", "heading": "Custody by a private person", "text": ["§ 305.1. Custody by a private person. 1. A private person may take a child who may be subject to the provisions of this article for committing an act that would be a crime if committed by an adult into custody in cases in which such private person may arrest an adult for a crime under section 140.30 of the criminal procedure law.", "2. Before taking such child under the age of sixteen into custody, a private person must inform the child of the cause thereof and require him to submit, except when he is taken into custody on pursuit immediately after the commission of a crime.", "3. After taking such child into custody, a private person must take the child, without unnecessary delay, to the child's home, to a family court, or to a police officer or peace officer."], "official_source": "https://www.nysenate.gov/legislation/laws/FCT/305.1", "from_official_api": true, "plain_english": "A private citizen can take a child into custody only where they could arrest an adult (CPL § 140.30). They must tell the child why (unless caught in hot pursuit) and then, **without unnecessary delay**, take the child home, to Family Court, or to a police/peace officer.", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/fca/305.1", "publisher": "Elyphived LLC"}