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...

Symptoms of Concussion after a Car Accident

A car accident can be a very life-changing event. As scary as car accidents always are, there is always the risk of developing physical problems following an accident. One of ...

Read more...

Are Pedestrian Accidents Overlooked?

Most of us have some first-hand knowledge of car accidents since these types of accidents happen all the time. Many of us have not been involved in a pedestrian accident, ...

Read more...

Warrantless Blood Draws and DUI

In Illinois, a DUI arrest can occur not only when an officer believes that someone is driving under the influence of alcohol, but a DUI arrest can occur when an ...

Read more...

Successful Cases

More Settlements

James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

708-633-6005