Statutes > Illinois Statutes > CHAPTER 720 CRIMINAL OFFENSES > 720 ILCS 5/ Criminal Code of 1961. > Article 10 - Kidnaping and Related Offenses

Article 10 - Kidnaping and Related Offenses


      (720 ILCS 5/Art. 10 heading)
ARTICLE 10. KIDNAPING AND RELATED OFFENSES

    (720 ILCS 5/10‑1)(from Ch. 38, par. 10‑1)
    Sec. 10‑1. Kidnapping.
    (a) A person commits the offense of kidnapping when he or she knowingly:
        (1) and secretly confines another against his or her
     will;
        (2) by force or threat of imminent force carries
     another from one place to another with intent secretly to confine that other person against his or her will; or
        (3) by deceit or enticement induces another to go
     from one place to another with intent secretly to confine that other person against his or her will.
    (b) Confinement of a child under the age of 13 years, or of a severely or profoundly mentally retarded person, is against that child's or person's will within the meaning of this Section if that confinement is without the consent of that child's or person's parent or legal guardian.
    (c) Sentence. Kidnapping is a Class 2 felony.
(Source: P.A. 96‑710, eff. 1‑1‑10.)

    (720 ILCS 5/10‑2)(from Ch. 38, par. 10‑2)
    Sec. 10‑2. Aggravated kidnaping.
    (a) A person commits the offense of aggravated kidnaping when he or she commits kidnapping and:
        (1) kidnaps with the intent to obtain ransom from
     the person kidnaped or from any other person;
        (2) takes as his or her victim a child under the age
     of 13 years, or a severely or profoundly mentally retarded person;
        (3) inflicts great bodily harm, other than by the
     discharge of a firearm, or commits another felony upon his or her victim;
        (4) wears a hood, robe, or mask or conceals his or
     her identity;
        (5) commits the offense of kidnaping while armed
     with a dangerous weapon, other than a firearm, as defined in Section 33A‑1 of this Code;
        (6) commits the offense of kidnaping while armed
     with a firearm;
        (7) during the commission of the offense of
     kidnaping, personally discharges a firearm; or
        (8) during the commission of the offense of
     kidnaping, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
    As used in this Section, "ransom" includes money, benefit, or other valuable thing or concession.
    (b) Sentence. Aggravated kidnaping in violation of paragraph (1), (2), (3), (4), or (5) of subsection (a) is a Class X felony. A violation of subsection (a)(6) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(7) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(8) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
    A person who is convicted of a second or subsequent offense of aggravated kidnaping shall be sentenced to a term of natural life imprisonment; except that a sentence of natural life imprisonment shall not be imposed under this Section unless the second or subsequent offense was committed after conviction on the first offense.
(Source: P.A. 96‑710, eff. 1‑1‑10.)

    (720 ILCS 5/10‑3)(from Ch. 38, par. 10‑3)
    Sec. 10‑3. Unlawful restraint.
    (a) A person commits the offense of unlawful restraint when he or she knowingly without legal authority detains another.
    (b) Sentence. Unlawful restraint is a Class 4 felony.
(Source: P.A. 96‑710, eff. 1‑1‑10.)

    (720 ILCS 5/10‑3.1)(from Ch. 38, par. 10‑3.1)
    Sec. 10‑3.1. Aggravated unlawful restraint.
    (a) A person commits the offense of aggravated unlawful restraint when he or she commits unlawful restraint while using a deadly weapon.
    (b) Sentence. Aggravated unlawful restraint is a Class 3 felony.
(Source: P.A. 96‑710, eff. 1‑1‑10.)

    (720 ILCS 5/10‑4) (from Ch. 38, par. 10‑4)
    Sec. 10‑4. Forcible Detention.) (a) A person commits the offense of forcible detention when he holds an individual hostage without lawful authority for the purpose of obtaining performance by a third person of demands made by the person holding the hostage, and
    (1) the person holding the hostage is armed with a dangerous weapon as defined in Section 33A‑1 of this Code, or
    (2) the hostage is known to the person holding him to be a peace officer or a correctional employee engaged in the performance of his official duties.
    (b) Forcible detention is a Class 2 felony.
(Source: P.A. 79‑941.)

    (720 ILCS 5/10‑5)(from Ch. 38, par. 10‑5)
    Sec. 10‑5. Child abduction.
    (a) For purposes of this Section, the following terms have the following meanings:
        (1) "Child" means a person who, at the time the
    alleged violation occurred, was under the age of 18 or severely or profoundly mentally retarded.
        (2) "Detains" means taking or retaining physical
    custody of a child, whether or not the child resists or objects.
        (3) "Lawful custodian" means a person or persons
    granted legal custody of a child or entitled to physical possession of a child pursuant to a court order. It is presumed that, when the parties have never been married to each other, the mother has legal custody of the child unless a valid court order states otherwise. If an adjudication of paternity has been completed and the father has been assigned support obligations or visitation rights, such a paternity order should, for the purposes of this Section, be considered a valid court order granting custody to the mother.
        (4) "Putative father" means a man who has a
    reasonable belief that he is the father of a child born of a woman who is not his wife.
    (b) A person commits the offense of child abduction when he or she does any one of the following:
        (1) Intentionally violates any terms of a valid court
    order granting sole or joint custody, care, or possession to another by concealing or detaining the child or removing the child from the jurisdiction of the court.
        (2) Intentionally violates a court order prohibiting
    the person from concealing or detaining the child or removing the child from the jurisdiction of the court.
        (3) Intentionally conceals, detains, or removes the
    child without the consent of the mother or lawful custodian of the child if the person is a putative father and either: (A) the paternity of the child has not been legally established or (B) the paternity of the child has been legally established but no orders relating to custody have been entered. Notwithstanding the presumption created by paragraph (3) of subsection (a), however, a mother commits child abduction when she intentionally conceals or removes a child, whom she has abandoned or relinquished custody of, from an unadjudicated father who has provided sole ongoing care and custody of the child in her absence.
        (4) Intentionally conceals or removes the child from
    a parent after filing a petition or being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody.
        (5) At the expiration of visitation rights outside
    the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois.
        (6) Being a parent of the child, and if the parents
    of that child are or have been married and there has been no court order of custody, knowingly conceals the child for 15 days, and fails to make reasonable attempts within the 15‑day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact the child, or to arrange reasonable visitation or contact with the child. It is not a violation of this Section for a person fleeing domestic violence to take the child with him or her to housing provided by a domestic violence program.
        (7) Being a parent of the child, and if the parents
    of the child are or have been married and there has been no court order of custody, knowingly conceals, detains, or removes the child with physical force or threat of physical force.
        (8) Knowingly conceals, detains, or removes the child
    for payment or promise of payment at the instruction of a person who has no legal right to custody.
        (9) Knowingly retains in this State for 30 days a
    child removed from another state without the consent of the lawful custodian or in violation of a valid court order of custody.
        (10) Intentionally lures or attempts to lure a child
    under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the child's parent or lawful custodian for other than a lawful purpose. For the purposes of this item (10), the luring or attempted luring of a child under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the child's parent or lawful custodian is prima facie evidence of other than a lawful purpose.
        (11) With the intent to obstruct or prevent efforts
    to locate the child victim of a child abduction, knowingly destroys, alters, conceals, or disguises physical evidence or furnishes false information.
    (c) It is an affirmative defense to subsections (b)(1) through (b)(10) of this Section that:
        (1) the person had custody of the child pursuant to a
    court order granting legal custody or visitation rights that existed at the time of the alleged violation;
        (2) the person had physical custody of the child
    pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified and disclosed to the other parent or legal custodian the specific whereabouts of the child and a means by which the child could be contacted or made a reasonable attempt to notify the other parent or lawful custodian of the child of those circumstances and made the disclosure within 24 hours after the visitation period had expired and returned the child as soon as possible;
        (3) the person was fleeing an incidence or pattern of
    domestic violence; or
        (4) the person lured or attempted to lure a child
    under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place for a lawful purpose in prosecutions under paragraph (10) of subsection (b).
    (d) A person convicted of child abduction under this Section is guilty of a Class 4 felony. A person convicted of a second or subsequent violation of paragraph (10) of subsection (b) of this Section is guilty of a Class 3 felony. It is a factor in aggravation under subsections (b)(1) through (b)(10) of this Section for which a court may impose a more severe sentence under Section 5‑8‑1 (730 ILCS 5/5‑8‑1) or Article 4.5 of Chapter V of the Unified Code of Corrections if, upon sentencing, the court finds evidence of any of the following aggravating factors:
        (1) that the defendant abused or neglected the child
    following the concealment, detention, or removal of the child;
        (2) that the defendant inflicted or threatened to
    inflict physical harm on a parent or lawful custodian of the child or on the child with intent to cause that parent or lawful custodian to discontinue criminal prosecution of the defendant under this Section;
        (3) that the defendant demanded payment in exchange
    for return of the child or demanded that he or she be relieved of the financial or legal obligation to support the child in exchange for return of the child;
        (4) that the defendant has previously been convicted
    of child abduction;
        (5) that the defendant committed the abduction while
    armed with a deadly weapon or the taking of the child resulted in serious bodily injury to another; or
        (6) that the defendant committed the abduction while
    in a school, regardless of the time of day or time of year; in a playground; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school or playground. For purposes of this paragraph (6), "playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation; and "school" means a public or private elementary or secondary school, community college, college, or university.
    (e) The court may order the child to be returned to the parent or lawful custodian from whom the child was concealed, detained, or removed. In addition to any sentence imposed, the court may assess any reasonable expense incurred in searching for or returning the child against any person convicted of violating this Section.
    (f) Nothing contained in this Section shall be construed to limit the court's contempt power.
    (g) Every law enforcement officer investigating an alleged incident of child abduction shall make a written police report of any bona fide allegation and the disposition of that investigation. Every police report completed pursuant to this Section shall be compiled and recorded within the meaning of Section 5.1 of the Criminal Identification Act.
    (h) Whenever a law enforcement officer has reasons to believe a child abduction has occurred, she or he shall provide the lawful custodian a summary of her or his rights under this Code, including the procedures and relief available to her or him.
    (i) If during the course of an investigation under this Section the child is found in the physical custody of the defendant or another, the law enforcement officer shall return the child to the parent or lawful custodian from whom the child was concealed, detained, or removed, unless there is good cause for the law enforcement officer or the Department of Children and Family Services to retain temporary protective custody of the child pursuant to the Abused and Neglected Child Reporting Act.
(Source: P.A. 95‑1052, eff. 7‑1‑09; 96‑710, eff. 1‑1‑10; ; 96‑1000, eff. 7‑2‑10.)

    (720 ILCS 5/10‑5.1)
    Sec. 10‑5.1. Luring of a minor.
    (a) A person commits the offense of luring of a minor when the offender is 21 years of age or older and knowingly contacts or communicates electronically to the minor:
        (1) knowing the minor is under 15 years of age;
        (2) with the intent to persuade, lure or transport
     the minor away from his or her home, or other location known by the minor's parent or legal guardian to be the place where the minor is to be located;
        (3) for an unlawful purpose;
        (4) without the express consent of the person's
     parent or legal guardian;
        (5) with the intent to avoid the express consent of
     the person's parent or legal guardian;
        (6) after so communicating, commits any act in
     furtherance of the intent described in clause (a)(2); and
        (7) is a stranger to the parents or legal guardian of
     the minor.
    (b) A person commits the offense of luring of a minor
     when the offender is at least 18 years of age but under 21 years of age and knowingly contacts or communicates electronically to the minor:
        (1) knowing the minor is under 15 years of age;
        (2) with the intent to persuade, lure, or transport
     the minor away from his or her home or other location known by the minor's parent or legal guardian, to be the place where the minor is to be located;
        (3) for an unlawful purpose;
        (4) without the express consent of the person's
     parent or legal guardian;
        (5) with the intent to avoid the express consent of
     the person's parent or legal guardian;
        (6) after so communicating, commits any act in
     furtherance of the intent described in clause (b)(2); and
        (7) is a stranger to the parents or legal guardian of
     the minor.
    (c) Definitions. For purposes of this Section:
        (1) "Emergency situation" means a situation in which
     the minor is threatened with imminent bodily harm, emotional harm or psychological harm.
        (2) "Express consent" means oral or written
     permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.
        (3) "Contacts or communicates electronically"
     includes but is not limited to, any attempt to make contact or communicate telephonically or through the Internet or text messages.
        (4) "Luring" shall mean any knowing act to solicit,
     entice, tempt, or attempt to attract the minor.
        (5) "Minor" shall mean any person under the age of 15.
        (6) "Stranger" shall have its common and ordinary
     meaning, including but not limited to, a person that is either not known by the parents of the minor or does not have any association with the parents of the minor.
        (7) "Unlawful purpose" shall mean any misdemeanor or
     felony violation of State law or a similar federal or sister state law or local ordinance.
    (d) This Section may not be interpreted to criminalize an
     act or person contacting a minor within the scope and course of his employment, or status as a volunteer of a recognized civic, charitable or youth organization.
    (e) This Section is intended to protect minors and to
     help parents and legal guardians exercise reasonable care, supervision, protection, and control over minor children.
    (f) Affirmative defenses.
        (1) It shall be an affirmative defense to any offense
     under this Section 10‑5.1 that the accused reasonably believed that the minor was over the age of 15.
        (2) It shall be an affirmative defense to any offense
     under this Section 10‑5.1 that the accused is assisting the minor in an emergency situation.
        (3) It shall not be a defense to the prosecution of
     any offense under this Section 10‑5.1 if the person who is contacted by the offender is posing as a minor and is in actuality an adult law enforcement officer.
    (g) Penalties.
        (1) A first offense of luring of a minor under
     subsection (a) shall be a Class 4 felony. A person convicted of luring of a minor under subsection (a) shall undergo a sex offender evaluation prior to a sentence being imposed. An offense of luring of a minor under subsection (a) when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is guilty of a Class 2 felony.
        (2) A first offense of luring of a minor under
     subsection (b) is a Class B misdemeanor.
        (3) A second or subsequent offense of luring of a
     minor under subsection (a) is a Class 3 felony. A second or subsequent offense of luring of a minor under subsection (b) is a Class 4 felony. A second or subsequent offense when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is a Class 1 felony. A defendant convicted a second time of an offense under subsection (a) or (b) shall register as a sexual predator of children pursuant to the Sex Offender Registration Act.
        (4) A third or subsequent offense is a Class 1
     felony. A third or subsequent offense when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is a Class X felony.
    (h) For violations of subsection (a), jurisdiction shall
     be established if the transmission that constitutes the offense either originates in this State or is received in this State and does not apply to emergency situations. For violations of subsection (b), jurisdiction shall be established in any county where the act in furtherance of the commission of the offense is committed, in the county where the minor resides, or in the county where the offender resides.
(Source: P.A. 95‑625, eff. 6‑1‑08.)

    (720 ILCS 5/10‑5.5)
    Sec. 10‑5.5. Unlawful visitation or parenting time interference.
    (a) As used in this Section, the terms "child", "detain", and "lawful custodian" have the meanings ascribed to them in Section 10‑5 of this Code.
    (b) Every person who, in violation of the visitation, parenting time, or custody time provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation, parenting time, or custody time commits the offense of unlawful visitation or parenting time interference.
    (c) A person committing unlawful visitation or parenting time interference is guilty of a petty offense. Any person violating this Section after 2 prior convictions of unlawful visitation interference or unlawful visitation or parenting time interference, however, is guilty of a Class A misdemeanor.
    (d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear.
    (e) The notice shall:
        (1) be in writing;
        (2) state the name of the person and his or her