New York Penal Law § 135.10 – Unlawful Imprisonment in the First Degree

Unlawful Imprisonment in the First Degree is a New York criminal offense imposing harsh penalties on anyone who restrains another person, subjecting them to a risk of serious physical injury. Unlawful Imprisonment in the 1st Degree is a Class E felony and may, in certain circumstances, be considered a registerable sex offense.

In any criminal case, the prosecution has the burden to prove every element of the offense beyond a reasonable doubt. Otherwise, the jury (or judge) must return a not-guilty verdict.

The elements of Unlawful Imprisonment in the First Degree are:

1. The defendant restricted the victim's movement, substantially interfering with their liberty, by either
   1. Moving them from one place to another, or
   2. Preventing them from leaving;
2. The defendant did so without the victim's consent;
3. The defendant did so intentionally;
4. The restriction of the victim's movement was unlawful, and the defendant knew that the restriction was unlawful; and
5. Under the circumstances, the alleged victim was exposed to a risk of serious physical injury.

Notably, while § 135.10 requires the alleged victim faced a risk of serious physical injury, the law does not require they were injured.

Section 135.10 is almost identical to Unlawful Imprisonment in the Second Degree; the only difference is that the more serious version of the offense requires the prosecution to establish that the alleged victim was placed at risk of serious physical injury. Thus, a few examples of Unlawful Imprisonment in the First Degree include:

• A daycare worker leaves a child in a locked room without food, water or light for several hours.
• After a fight with his girlfriend, a man prevents his girlfriend from leaving their home by standing at the door with a knife.
• A frustrated nursing home employee locks a resident in their room and refuses to attend to the resident's needs for an extended period of time.

Often, prosecutors bring charges of Unlawful Imprisonment in the First Degree along with one or more of the following related offenses:

• Unlawful Imprisonment in the Second Degree – N.Y. Penal Law § 135.05
• 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
• Kidnapping in the Second Degree – N.Y. Penal Law § 135.20
• Kidnapping in the First Degree – N.Y. Penal Law § 135.25

There are several defenses to Unlawful Imprisonment in the First Degree, including a statutory affirmative defense. Under N.Y. Penal Law § 135.15, you cannot be convicted of unlawful imprisonment if the following apply:

• The alleged victim was under 16 years old;
• You were a relative of the child; and
• Your sole purpose in restraining the child was to assume control over them.

There are also other defenses to False Imprisonment in the First Degree, including the following:

• The alleged victim was not exposed to a risk of serious physical injury;
• The victim consented to being restrained;
• You held the honest belief that you had the alleged victim's consent;
• The alleged victim was not actually restrained; and
• The alleged victim made up the allegations.

Unlawful Imprisonment in the First Degree is a Class E felony. A Class E felony in New York subjects you to a prison sentence of up to four years, as well as a fine of up to $5,000. Further, in situations where the victim was under 17, and you were not their parent, a conviction of Unlawful Imprisonment in the Second Degree is a registerable sex offense.

If the government claims that you unlawfully imprisoned another person, it is essential that you work with a dedicated New York criminal defense attorney to ensure your interests are protected at every step of the way. At Tilem & Associates, P.C., we've assembled a team of highly experienced unlawful imprisonment lawyers who are ready to meet with you to discuss your case and get started working on your defense. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.