Illinois Vehicular Hijacking

The Law – 720 ILCS 5/18-3

A person commits Vehicular Hijacking when he or she knowingly takes a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force.

Not too long ago, there were no vehicular hijacking laws on the books in Illinois. Prior to 1993, any hijacking of a vehicle would be charged as Robbery (or Armed Robbery, depending on if a weapon was used). However, the General Assembly passed a law in 1993 addressing the serious nature of having a vehicle removed from an individual’s possession by the use, or the threat of the use, of force.

The Vehicular Hijacking law and the Robbery law mirror one another, with the exception of the property being taken. The nature of the property being taken is not the only difference between the two laws, however. Sentencing between the two offenses is different as well. While the ordinary Robbery charge is a Class 2 Felony, the ordinary Vehicular Hijacking charge is a Class 1 Felony.

Furthermore, just as is the case with Robbery, the Vehicular Hijacking law prohibits an individual from taking a vehicle from the person’s “immediate presence.” Thus, if an individual approached a person while that person was standing outside of their car, and the individual takes the car, the individual can still be charged with, and convicted of, Vehicular Hijacking.

The Sentence

  • Class 1 Felony
  • 4 to 15 years in state prison
  • Fine up to $25,000

Probation Possible? No.

Supervision Possible? No.

The latest from our blog...

Who Is Responsible for a Pedestrian Accident?

Pedestrian accidents can be fatal and it may seem obvious who is at fault for the accident, Illinois law may see it a different way. Although pedestrian deaths were down ...

Read more...

Most Common Workplace Accidents

From office workers to construction workers, it is possible for any person at work to become injured on the job. Some of the reasons people need to file for workers’ ...

Read more...

Pedestrian Accidents in Illinois

Even while taking safety precautions as a pedestrian, it is still possible to get hit by a car or truck. In the United States, there were just under 6,000 pedestrian ...

Read more...

Successful Cases

More Settlements

James A. Payonk, Jr.

10705 W 159th St.
Orland Park, Illinois 60467

Our NEW Phone Number

708-966-2408