N.Y. Education Law Section 265-A
Defense of lawful detention

In any action for false arrest, false imprisonment, unlawful detention, defamation of character, assault, trespass or invasion of civil rights brought by any person by reason of having been detained on or in the immediate vicinity of the premises of a public library or association library for the purpose of investigation or questioning as to the ownership of any materials, it shall be a defense to such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer or by the librarian in charge, his or her authorized employee or agent, and that such peace officer, librarian, employee or agent has reasonable grounds to believe that the person so detained was committing or attempting to commit larceny on such premises of such materials. As used in this section, “reasonable grounds” shall include, but not be limited to, knowledge that a person has concealed, unauthorized possession of material owned or belonging to the public library or association library, and a “reasonable time” shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the public library or association library relative to the ownership of the materials.

Source: Section 265-A — Defense of lawful detention, https://www.­nysenate.­gov/legislation/laws/EDN/265-A (updated Sep. 22, 2014; accessed Jul. 19, 2025).

245
State library, how constituted 246
State medical library 247
State law library 248
Manuscript and records “on file” 249
State library, when open 249–A
Libraries of public institutions of higher education 250
Duplicate department 251
Transfers from state officers 252
Other libraries owned by the state 253
Public and association libraries and museums 254
Standards of library service 255
Establishment of a public library 256
Contracts 257
Acceptance of conditional gift 258
Closing of museum 258–A
Purchases by museums, historical societies, zoological gardens, aquariums, botanical gardens and arboreta through office of general services 259
Library taxes 260
Trustees 260–A
Meetings of board of trustees 260–B
Reduction of salaries for purchase of annuities 260–C
Reduction of salaries for tax-deferred annuities 260–D
Board of trustees continuing education 261
Incorporation 262
Use of public and Indian libraries 263
Reports 264
Injuries to property 265
Detention 265–A
Defense of lawful detention 266
Transfer of libraries 267
Local neglect 268
Abolition 269
Library extension service 270
Acceptance of surplus library books or property 271
Apportionment of state aid to Indian libraries 272
Conditions under which library systems are entitled to state aid 273
Apportionment of state aid to libraries and library systems 273–A
State aid for library construction 274
Use and care of school library 275
Librarians of school libraries 276
Existing rules continued in force 277
Authority to raise and receive money for school library 278
Authority to transfer school library property to a free library 279
Fees 280
Penalty for disobedience to library law, rules or orders 281
Loans and extensions of credit to infants 282
Establishment of school library systems 283
Functions of school library systems 284
State aid for school library systems 285
State aid for cooperation with correctional facilities
Green check means up to date. Up to date

Verified:
Jul. 19, 2025

Last modified:
Sep. 22, 2014

§ 265-A. Defense of lawful detention's source at nysenate​.gov

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