NY · jury_instructions
CJI2d[NY] Penal Law § 135.45(2)
CUSTODIAL INTERFERENCE IN THE SECOND DEGREE (Person Entrusted to Another)
The (specify) count is Custodial Interference in the Second Degree.
Under our law, a person is guilty of custodial interference in the second degree when, knowing that he or she has no legal right to do so, that person takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or institution.
In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following three elements:
1. That on or about (date) ,(specify) was a person entrusted by authority of law to the custody of (specify);
0. That on that date in the county of (county), the defendant, (defendant’s name), took or enticed (specify) from the lawful custody of (specify); and
2. That the defendant did so knowing that he/she had no legal right to do so.
If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.
History
Caption: CUSTODIAL INTERFERENCE IN THE SECOND DEGREE (Person Entrusted to Another) Penal Law § 135.45(2) (Committed on or after Sept. 1, 1967). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
f5d347e9cd0a3938bdd9c8a1b749c83c1ccbb10caf4dae51a731e9e814c8f798
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