N.Y. PEN Law § 135.25

§ 135.25 Kidnapping in the first degree.\n A person is guilty of kidnapping in the first degree when he abducts\nanother person and when:\n 1. His intent is to compel a third person to pay or deliver money or\nproperty as ransom, or to engage in other particular conduct, or to\nrefrain from engaging in particular conduct; or\n 2. He restrains the person abducted for a period of more than twelve\nhours with intent to:\n (a) Inflict physical injury upon him or violate or abuse him sexually;\nor\n (b) Accomplish or advance the commission of a felony; or\n (c) Terrorize him or a third person; or\n (d) Interfere with the performance of a governmental or political\nfunction; or\n 3. The person abducted dies during the abduction or before he is able\nto return or to be returned to safety. Such death shall be presumed, in\na case where such person was less than sixteen years old or an\nincompetent person at the time of the abduction, from evidence that his\nparents, guardians or other lawful custodians did not see or hear from\nhim following the termination of the abduction and prior to trial and\nreceived no reliable information during such period persuasively\nindicating that he was alive. In all other cases, such death shall be\npresumed from evidence that a person whom the person abducted would have\nbeen extremely likely to visit or communicate with during the specified\nperiod were he alive and free to do so did not see or hear from him\nduring such period and received no reliable information during such\nperiod persuasively indicating that he was alive.\n Kidnapping in the first degree is a class A-I felony.\n