New York Kidnapping Penalties (2026)

Kidnapping and unlawful restraint charges charges in New York: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing kidnapping charges in New York, consult a licensed New York criminal defense attorney.

New York Kidnapping Penalties

OffensePenalty
First OffenseClass B felony: 5-25 years; Class A-I felony (1st degree): up to life
Second OffensePersistent violent offender: mandatory extended

NY PL §135.20

Kidnapping Statute of Limitations in New York

In New York, the statute of limitations for kidnapping is generally 5 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in New York.

See all New York statutes of limitations →

Defending Against Kidnapping Charges in New York

Common defenses in New York kidnapping cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a New York criminal defense attorney for advice.

Related New York Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Arson Stalking Embezzlement Money Laundering Public Intoxication