New York statute

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

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 135: Kidnapping, Coercion and Related Offenses, New York Penal Law.

Criminal charges under this statute

Custodial interference in the second degree

Full text of N.Y. Penal Law § 135.45

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 135.45Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

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.

Official sources

Official OLLS publication (Title download)

Legal terms used in this section

Questions this section answers

What class of misdemeanor is custodial interference in the second degree in New York?

Custodial interference in the second degree is a Class A Misdemeanor in New York under N.Y. Penal Law § 135.45.

Which New York statute covers custodial interference in the second degree?

Custodial interference in the second degree is governed by N.Y. Penal Law § 135.45 (Custodial interference in the second degree).

This reference is informational and is not legal advice.