New York Penal Law § 135.05 – Unlawful Imprisonment in the Second Degree
Unlawful Imprisonment in the Second Degree is a New York crime that prohibits individuals from restraining another person. Unlawful Imprisonment in the 2nd Degree is a Class A misdemeanor. Additionally, in some cases, a conviction for Unlawful Imprisonment in the Second Degree is considered a registerable sex offense.The Elements of Unlawful Imprisonment in the Second Degree
In any criminal case, it is the prosecution's burden to prove every element of the offense beyond a reasonable doubt. Otherwise, the jury must return a not guilty verdict.
The elements of Unlawful Imprisonment in the Second Degree are:
- The defendant restricted the victim's movement by,
- Moving them from one place to another or
- Preventing them from leaving;
- The defendant did not have the victim's consent;
- The defendant acted intentionally;
- The restriction of the victim's movement was unlawful; and
- The defendant knew the restriction of the victim's movement was unlawful.
Common forms of restraint include the use of physical force, deception or threats.Examples of Unlawful Imprisonment in the Second Degree
Examples of Unlawful Imprisonment in the Second Degree include the following:
- A man threatens to physically harm his wife if she leaves their apartment during an argument;
- A parent disciplines one of their child's friends by locking them in an empty bedroom; and
- A woman prevents her mother from leaving the home to visit a friend.
Often, prosecutors bring charges of Unlawful Imprisonment in the Second Degree along with one or more of the following related offenses:
- Unlawful Imprisonment in the First Degree – N.Y. Penal Law § 135.10
- Kidnapping in the Second Degree – N.Y. Penal Law § 135.20
- Kidnapping in the First Degree – N.Y. Penal Law § 135.25
- Custodial Interference in the Second Degree – N.Y. Penal Law § 135.45
- Custodial Interference in the First Degree – N.Y. Penal Law § 135.50
- Coercion in the Third Degree – N.Y. Penal Law § 135.60
- Coercion in the Second Degree – N.Y. Penal Law § 135.61
- Coercion in the First Degree – N.Y. Penal Law § 135.65
There are several defenses to Unlawful Imprisonment charges that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a "not guilty" verdict.
The most common defenses include the following:
- You had the alleged victim's consent;
- You honestly believed that you had the alleged victim's consent;
- The alleged victim was not restrained;
- If the alleged victim was under 16, you were related to the child and were attempting to "assume control" of the child; and
- The alleged victim fabricated the allegations.
Unlawful Imprisonment in the Second Degree is a Class A misdemeanor. In New York, Class A misdemeanor offenses carry a maximum sentence of up to 364 days in jail and a fine not to exceed $1,000.
Additionally, if the victim was under 17 and you were not their parent, a conviction of Unlawful Imprisonment in the Second Degree will require you to register as a sex offender.Are You Facing Unlawful Imprisonment Charges in New York?
If you were recently arrested and charged with Second Degree Unlawful Imprisonment, it is imperative that you work with an experienced New York criminal defense attorney who will take your case as seriously as you do. At the law firm of Tilem & Associates, P.C., our team of false imprisonment lawyers have decades of experience defending the rights of individuals who faced these very same charges. While every case is unique, we're confident in our ability to provide you with the defense you need to ensure your case ends in the best possible result. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.