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Penal Law § 135.45 · Article 135. Kidnapping, Coercion and Related Offenses

Custodial interference in the second degree

Verbatim from the official edition

Text — Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)

§ 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.

Source of truth

Edition
Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
Official file
https://legislation.nysenate.gov/pdf/laws/PEN135.45
Text hash
sha256 05542626e5e4b8b8d3f38adb0aaf4ce4ce6f5f2a0c54d9c1d7b82eeea0b7059d
Composed by
gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.