Illinois Aggravated Kidnapping

The Law – 720 ILCS 5/10-2

A person commits Aggravated Kidnapping when he or she knowingly:

  1. 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; or

  4. Confines someone under 13 years of age, or one with severe or profound intellectual disability, against that child or person’s will if done without the consent of the parent or legal guardian of that child or person.

AND

  1. Does so with the intent to obtain ransom from the kidnapped or any other individual; or

  2. The victim is under the age of 13, or is severely or profoundly intellectually disabled; or

  3. Inflicts great bodily harm, other than with the discharge of a weapon, or commits another felony upon the victim; or

  4. Wears a hood, robe or mask or conceals their identify; or

  5. Commits the offense armed with a weapon, other than with a firearm; or

  6. Commits the offense armed with a firearm; or

  7. During the offense, personally discharges a firearm; or

  8. During the commission of the offense, they personally discharge a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement or death of another.

Aggravated Kidnapping involves ordinary Kidnapping with the addition of several other factors that increase the punishment if a person is found guilty. If the kidnapping involves the use of a weapon, the sentences dramatically increase. Additionally, non-violent actions taken in the course of the kidnapping may allow for greater punishment. For instance, if the kidnapper intends on holding the victim for ransom, that could allow that person to be charged and convicted of Aggravated Kidnapping. When a deadly weapon, especially a firearm, is used, an individual can expect to face a very long prison sentence if found guilty of Aggravated Kidnapping.

The Sentence

1st Offense

CLASS X FELONY – 6 TO 30 YEARS IF (a) THROUGH (e) ABOVE.

CLASS X FELONY – 6 TO 30 YEARS, PLUS 15 YEARS IF (f) ABOVE.

CLASS X FELONY – 6 TO 30 YEARS, PLUS 20 YEARS IF (g) ABOVE.

CLASS X FELONY – 6 TO 30 YEARS, PLUS 25 TO NATURAL LIFE IF (h) ABOVE.

2nd or Subsequent Offense

CLASS X FELONY – Natural life in prison

Probation Possible? – No.

Supervision Possible? – No.

Time To Be Served – Must serve 85% of the sentence imposed

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

708-633-6005