Establishes the crime kidnapping of a child, a class A felony.
TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of kidnapping of a child, a class A felony
PURPOSE: To increase the penalties of kidnapping a child.
SUMMARY OF PROVISIONS: Adds a new section 135.27 to the penal law is amended to include the kidnapping of a child under the age of sixteen years.
EXISTING LAW: Existing law does not make specific reference to the kidnapping of a child. The current penalties are the same for abduction of an adult as a child.
JUSTIFICATION: According to the Vanished Children's Alliance, every 40 seconds a child disappears or is kidnapped in the United States. Justice Department statistics of kidnapped children in America reports that 24% of all kidnapping cases are "stranger-kidnappings." The National Center for Missing & Exploited Children reports 3,000 to 5,000 child abductions by non-family members each year, most of which are sexually motivated. About 200 to 300 cases are serious enough to involve murder.
According to the Journal of Forensic Psychiatry Psychology (Volume: 19, Issue 2, 2008), kidnappers are more likely to be convicted of another kidnapping offense than be convicted of the more serious offences of rape of a female or homicide. It is estimated that 5 out of every 100 kidnapping offenders convicted of first-time kidnapping will be reconvicted for this offense within 20 years.
The kidnapping of a child must be dealt with aggressively. Someone who would snatch a child in public with the intent to physically or sexually abuse or kill that child is a menace to our society and cannot be trusted to walk our streets freely.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Ninetieth day after the bill becomes law.
STATE OF NEW YORK ________________________________________________________________________ 7811 IN SENATE June 20, 2012 ___________Introduced by Sen. STOROBIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to establishing the crime of kidnapping of a child, a class A felony THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 135.27 to read as follows: S 135.27 KIDNAPPING OF A CHILD. A PERSON IS GUILTY OF KIDNAPPING OF A CHILD WHEN HE OR SHE ABDUCTS AND RESTRAINS A PERSON LESS THAN SIXTEEN YEARS OF AGE WITH INTENT TO INFLICT PHYSICAL INJURY UPON HIM OR HER OR VIOLATE OR ABUSE HIM OR HER SEXUALLY. KIDNAPPING OF A CHILD IS A CLASS A FELONY. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16349-01-2