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NY Penal Law § 135.05: Unlawful Imprisonment in the Second Degree
Unlawful imprisonment in the second degree, NY Penal Law § 135.05, is restraining another person: intentionally restricting their movement without their consent, for example by blocking a door, taking car keys to keep someone from leaving, or holding someone in a room. It is most often charged in domestic disputes. It is a class A misdemeanor. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends these charges in Nassau County and Suffolk County courts.
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NY Penal Law § 135.05 at a glance
| Unlawful imprisonment in the second degree | |
|---|---|
| Statute | NY Penal Law § 135.05 |
| Charge level | Class A misdemeanor |
| Maximum jail term | Up to 364 days |
| Key element | “Restrains,” as defined in Penal Law 135.00 |
| Felony version | Unlawful imprisonment in the first degree (PL 135.10), when there is a risk of serious physical injury |
What NY Penal Law § 135.05 says
A person is guilty of unlawful imprisonment in the second degree when he restrains another person.
Unlawful imprisonment in the second degree is a class A misdemeanor.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
“Restrain” is defined in Penal Law 135.00: generally, intentionally and unlawfully restricting a person’s movements so as to interfere substantially with their liberty, by moving them or confining them, without consent and with knowledge that the restriction is unlawful.
What the prosecutor has to prove
- You restricted another person’s movements, by moving them or confining them.
- You did it intentionally and unlawfully, knowing the restriction was unlawful.
- The restriction interfered substantially with their liberty.
- They did not consent.
Penalties for unlawful imprisonment
| Outcome | What it means |
|---|---|
| Jail | Up to 364 days (class A misdemeanor). |
| Probation | Up to 3 years of probation. |
| Order of protection | A temporary order of protection is usually issued at arraignment. |
| Reduced outcome | Cases are often reduced to harassment or disorderly conduct, both violations, depending on the facts. |
Charged with unlawful imprisonment?
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How unlawful imprisonment charges show up on Long Island
In the cases we’ve seen over the last two years, PL 135.05 charges come up in both Nassau County and Suffolk County.
Most of these arrests come from domestic incident reports and are charged together with harassment, assault or menacing.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
During an argument, one partner stands in front of the apartment door for a few minutes and will not let the other leave. Police are called and the charge is PL 135.05. The defense looks at how long it lasted, whether the person could have left another way, and whether the interference with their liberty was “substantial.”
Defenses to a PL 135.05 charge
- No substantial interference. A brief blocking during an argument may not rise to restraint.
- Consent. The person agreed to stay, or could freely leave.
- Lawful authority. Some restrictions are lawful, such as a parent supervising a young child.
- Credibility. Messages, calls and witnesses often contradict the complaint.
Related offenses
- Unlawful imprisonment in the first degree (PL 135.10), class E felony
- Menacing in the second degree (PL 120.14)
- Harassment in the second degree (PL 240.26)
- Long Island domestic violence defense
NY Penal Law § 135.05: frequently asked questions
What is unlawful imprisonment in the second degree in New York?
Under Penal Law 135.05, it is restraining another person, meaning intentionally and unlawfully restricting their movements so as to substantially interfere with their liberty. It is a class A misdemeanor.
Is blocking a door unlawful imprisonment?
It can be, if it intentionally and substantially interferes with the person’s liberty without consent. A brief obstruction during an argument may not meet that standard.
What is the difference between unlawful imprisonment and kidnapping?
Unlawful imprisonment involves restraint. Kidnapping requires “abduction,” which generally means restraint with intent to prevent liberation by secreting or holding the person where they are not likely to be found, or by using or threatening deadly physical force.
Can an unlawful imprisonment charge be reduced?
Often, yes, to harassment or disorderly conduct, which are violations, depending on the facts.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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