NYSentencing

§ >§ 135.25  Kidnapping in the first degree.
  A  person  is guilty of kidnapping in the first degree when he abducts
another person and when:
  1.   His intent is to compel a third person to pay or deliver money or
property as ransom, or to engage in  other  particular  conduct,  or  to
refrain from engaging in particular conduct; or
  2.   He restrains the person abducted for a period of more than twelve
hours with intent to:
  (a)   Inflict  physical  injury  upon  him  or  violate  or  abuse him
sexually; or
  (b)  Accomplish or advance the commission of a felony; or
  (c)  Terrorize him or a third person; or
  (d)   Interfere  with  the  performance of a governmental or political
function; or
  3.  The person abducted dies during the abduction or before he is able
to return or to be returned to safety.  Such death shall be presumed, in
a  case  where  such  person  was  less  than  sixteen  years  old or an
incompetent person at the time of the abduction, from evidence that  his
parents,  guardians  or other lawful custodians did not see or hear from
him following the termination of the abduction and prior  to  trial  and
received   no  reliable  information  during  such  period  persuasively
indicating that he was alive.  In all other cases, such death  shall  be
presumed from evidence that a person whom the person abducted would have
been extremely likely to visit or communicate with during the  specified
period  were  he  alive  and  free to do so did not see or hear from him
during such period and received  no  reliable  information  during  such
period persuasively indicating that he was alive.
  Kidnapping in the first degree is a class A-I felony.
with Argument