by Attorney Eric D. PuryearKidnapping in Illinois is defined by 720 ILCS 5/10-1, while the crime of aggravated kidnapping (a more serious form of kidnapping) is defined by 720 ILCS 5/10-2.
Kidnapping in Illinois
(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 person with a severe or profound intellectual disability, 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.
Kidnapping is a Class 2 felony in Illinois.
Aggravated Kidnapping in Illinois
(a) A person commits the offense of aggravated kidnapping when he or she commits kidnapping and:
(1) kidnaps with the intent to obtain ransom from the person kidnapped 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 intellectually disabled 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 kidnapping while armed with a dangerous weapon, other than a firearm, as defined in Section 33A-1 of this Code;
(6) commits the offense of kidnapping while armed with a firearm;
(7) during the commission of the offense of kidnapping, personally discharges a firearm; or
(8) during the commission of the offense of kidnapping, 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.
Aggravated kidnapping in violation of paragraph (1), (2), (3), (4), or (5) of subsection (a) is a Class X felony in Illinois. 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. An offender under the age of 18 years at the time of the commission of aggravated kidnapping in violation of paragraphs (1) through (8) of subsection (a) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
A person who has attained the age of 18 years at the time of the commission of the offense and who is convicted of a second or subsequent offense of aggravated kidnapping 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. An offender under the age of 18 years at the time of the commission of the second or subsequent offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
Depending upon the circumstances of the alleged kidnapping, it is not uncommon for those charged with kidnapping to also face charges of burglary or aggravated battery.
Kidnapping and aggravated kidnapping are serious charges in the state of Illinois, for which a person can receive up to a life sentence in prison. Any person facing a kidnapping or aggravated kidnapping charge is well advised to seek an attorney at once.