Illinois Unlawful Restraint

The Law – 720 ILCS 5/10-3

A person commits Unlawful Restraint when he or she knowingly and without legal authority detains another.

In order for the state to prove their charge of Unlawful Restraint, the state must prove that the individual charged knew or should have known he or she was restraining someone. The restraint must be against the individual’s will. If the individual consented to be restrained, or was capable of leaving an area when he or she desired but chose not to, no crime has been committed. Additionally, the Unlawful Restraint must not be supported by legal authority. If a police officer arrests an individual because he or she genuinely believed that person committed a crime, the police officer cannot be convicted of Unlawful Restraint because the officer has legal authority to restrain an individual

The Sentence

CLASS 4 FELONY – 1 TO 3 YEARS

CLASS 3 FELONY IF DEADLY WEAPON IS USED – 2 TO 5 YEARS

Probation Possible? Yes.

Supervision Possible? No.

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James A. Payonk, Jr.

~ Attorney at Law ~

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Orland Park, Illinois 60467

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