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New York statute

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

Full text of N.Y. Penal Law § 135.50

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 § 135.50Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
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.

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Legal terms used in this section

Questions this section answers

What class of felony is custodial interference in the first degree in New York?

Custodial interference in the first degree is a Class E Felony in New York under N.Y. Penal Law § 135.50.

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

Custodial interference in the first degree is governed by N.Y. Penal Law § 135.50 (Custodial interference in the first degree).

This reference is informational and is not legal advice.