Illinois Kidnapping

The Law – 720 ILCS 5/10-1

A person commits 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.

With Kidnapping, the state must prove that the person who is alleged to have kidnapped another did so with knowledge of what they were doing and that the individual intended to secretly confine the victim; or induced another to come with him or her with the intent to secretly confine that person. Charges of Kidnapping can be brought whether the victim is a child or adult. If a child is involved, the consent of the parent to confine the child will defeat charges of Kidnapping. However, if the parent initially consented, then at some point withdrew consent, Kidnapping charges would be proper. This is often the case with separated parents. One parent will grant the other parent authority to allow the child to be taken for a brief time for visitation. Failure for the parent to return the child after the period of visitation ends can qualify as Kidnapping.

The Sentence

CLASS 2 FELONY – 3 TO 7 YEARS

Probation Possible? – Yes.

Supervision Possible? – No.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

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