Is it kidnapping to hide a persons keys and wallet to prevent them from leaving the h

[annulmentbro]

What is the name of your state (only U.S. law)? New York

I know a couple where the husband gets violent and aggressive in arguments and tries to prevent the wife from leaving the house until he gets what he wants by stealing and hiding her house-keys or wallet or purse or shoes (or all of the above). Is this a crime? Is this legally kidnapping?

 

[PayrollHRGuy]

It wouldn't seem to meet the definition under New York law.

http://statelaws.findlaw.com/new-york-law/new-york-kidnapping-laws.html

 

[Zigner]

It wouldn't seem to meet the definition under New York law.

http://statelaws.findlaw.com/new-york-law/new-york-kidnapping-laws.html

Nor does it meet the definition of unlawful imprisonment in New York, as there is no actual restraint: https://www.nysenate.gov/legislation/laws/PEN/135.05

 

[PayrollHRGuy]

Check out OP's Px Hx

 

[Zigner]

Check out OP's Px Hx

Yeah, this OP's got a thing for sticking his/her nose in to other peoples' business.

 

[stealth2]

Why is any of this your business?

 

[PayrollHRGuy]

I'll guess by his screen name he is the brother of the not kidnapped/wanting to get an annulment wife's brother.

 

[stealth2]

I'll guess by his screen name he is the brother of the not kidnapped/wanting to get an annulment wife's brother.

Or the wife's, I guess. But still...

 

[LdiJ]

Nor does it meet the definition of unlawful imprisonment in New York, as there is no actual restraint: https://www.nysenate.gov/legislation/laws/PEN/135.05

I think that the definition of restraint could vary depending on circumstances. If they are living on a city block and its summer time then the lack of keys, wallet, purse or shoes might not rise to actual restraint. If they are living out in the country, 10 miles from the nearest neighbor, then its a whole 'nuther story.

 

[HighwayMan]

It is at a minimum Harassment which would be considered a Family Offense in this situation and at the very least a Domestic Incident Report should be filed.

Kidnapping and Unlawful Imprisonment it certainly is not.

It's probably time that the wife either leave the house or at least make a copy of the keys that husband doesn't know about so she won't be "imprisoned" in the future.

 

[Zigner]

I think that the definition of restraint could vary depending on circumstances. If they are living on a city block and its summer time then the lack of keys, wallet, purse or shoes might not rise to actual restraint. If they are living out in the country, 10 miles from the nearest neighbor, then its a whole 'nuther story.

There ya go again

 

[LdiJ]

There ya go again

Yep, applying a little logic to a situation is sooo non PC around here.

 

[Just Blue]

Yep, applying a little logic to a situation is sooo non PC around here.

Have you ever BEEN to New York? Not a lot of places in the state that are "10 miles from the closest neighbor". So your "logic" on THIS thread is not logical.

 

[stealth2]

Have you ever BEEN to New York? Not a lot of places in the state that are "10 miles from the closest neighbor". So your "logic" on THIS thread is not logical.

Actually - plenty of places not exactly walking distance in barefeet in winter (or summer). Especially if you're not in a town/village.

 

[Zigner]

I suppose we can go straight to the source...ya know...the law...

https://www.nysenate.gov/legislation/laws/PEN/135.00

1. "Restrain" means to restrict a person's movements intentionally and unlawfully in such manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent and with knowledge that the restriction is unlawful. A person is so moved or confined "without consent" when such is accomplished by (a) physical force, intimidation or deception, or (b) any means whatever, including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.