How Many Years Can You Get for Second-Degree Kidnapping in New York?
Three independent New York City second-degree kidnapping prosecution clusters were reviewed. Directly stated prison terms include 12, 13, and 15 years, while a separate multi-offense case produced a 40-year aggregate sentence. The 40-year total is not treated as a kidnapping-only term.
Quick Answer
- Independent completed clusters: 3
- Defendants used: 5
- Directly stated outcomes: 12, 13, and 15 years
- Location: Queens
- Aggregate example: separately labeled
See the New York hub, compare robbery outcomes and first-degree assault, and read our methodology.
What Is Second-Degree Kidnapping?
Penal Law §135.20 states that a person is guilty of second-degree kidnapping when the person abducts another. It is a class B violent felony. “Abduct” is a defined legal term and is more specific than ordinary restraint or false imprisonment.
Statutory Sentence
Penal Law §70.02 generally provides a 5-to-25-year determinate range for a first violent felony offender convicted of a class B violent felony, plus post-release supervision. Criminal history and other rules can change the framework.
Observed Cases
| Cluster | Defendant(s) | Disposition | Final outcome |
|---|---|---|---|
| Richmond Hill home invasion | Tex Ortiz | Guilty plea to second-degree kidnapping | 13 years |
| Douglaston home invasion | Oneil Thompson; Brandon and Ryan Dash | Separate guilty pleas to second-degree kidnapping within one prosecution cluster | 12 years for Thompson; 15 years each for the Dash defendants |
| Jackson Heights multi-victim case | Andres Portilla | Plea to three kidnapping counts and multiple violent and sexual offenses | 40-year aggregate outcome; excluded from kidnapping-only range |
Case Details
Ortiz received 13 years after a plea to second-degree kidnapping in an independent Richmond Hill prosecution. Official source. In a separate Douglaston case, Thompson received 12 years and the Dash defendants received 15 years each; the three defendants count as one prosecution cluster for threshold purposes. Official source. Portilla received 40 years after pleading to kidnapping and multiple other offenses; that total is retained only as an aggregate example. Official source.
Methodology
Independent prosecution clusters—not defendant count—control the expanded threshold. Same-case defendants remain useful examples but count as one cluster. Multi-offense totals are not presented as isolated kidnapping sentences.
Sources
Disclaimer
General information only, not legal advice.