Penal Law § 135.00

Unlawful imprisonment, kidnapping and custodial interference; definitions of terms · as in force on May 31, 2026

§ 135.00 Unlawful imprisonment, kidnapping and custodial interference;

definitions of terms.

The following definitions are applicable to this article:

1. "Restrain" means to restrict a person's movements intentionally and unlawfully in such manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent and with knowledge that the restriction is unlawful. A person is so moved or confined "without consent" when such is accomplished by (a) physical force, intimidation or deception, or (b) any means whatever, including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.

2. "Abduct" means to restrain a person with intent to prevent his liberation by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly physical force.

3. "Relative" means a parent, ancestor, brother, sister, uncle or aunt.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/135.00

In plain English

For unlawful imprisonment, kidnapping, and custodial interference:

(1) To “restrain” is to intentionally and unlawfully move or confine someone without consent, substantially interfering with liberty and knowing the restriction is unlawful. Lack of consent may come from force, intimidation, or deception; for a child under 16 years old or an incompetent person, any means counts when the lawful custodian has not agreed.
(2) To “abduct” is to restrain someone intending to prevent release by hiding the person where discovery is unlikely or using or threatening deadly physical force. ★
(3) A “relative” is a parent, ancestor, sibling, uncle, or aunt.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.