N.Y. Penal Law § 135.50

§ 135.50 Custodial interference in the first degree.\n A person is guilty of custodial interference in the first degree when\nhe commits the crime of custodial interference in the second degree:\n 1. With intent to permanently remove the victim from this state, he\nremoves such person from the state; or\n 2. Under circumstances which expose the victim to a risk that his\nsafety will be endangered or his health materially impaired.\n It shall be an affirmative defense to a prosecution under subdivision\none of this section that the victim had been abandoned or that the\ntaking was necessary in an emergency to protect the victim because he\nhas been subjected to or threatened with mistreatment or abuse.\n Custodial interference in the first degree is a class E felony.\n