Illinois Kidnapping/Abduction Laws
According to 720 ILCS 5/10-1, kidnapping occurs when a person knowingly and secretly confines another person against his/her will by using force, threat of force, deceit, enticement. Kidnapping also includes the confinement of a mentally retarded person and the confinement of a child less than 13 years without the consent of the parent.
720 ILCS 5/10-2 defines aggravated kidnapping. A person commits the offence of aggravated kidnapping, if s/he kidnaps another to obtain ransom, inflicts body harm armed with a dangerous weapon and armed with firearms. Also, a person who kidnaps a child under 13 years or a mentally retarded person commits the offence of aggravated kidnapping.
Secret confinement is an essential element of kidnapping[i].
In Illinois, kidnapping is a Class 2 felony. Aggravated kidnapping is a Class X felony. For a Class 2 felony, the sentence of imprisonment shall be not less than three years and not more than seven years. For a Class X felony, the sentence of imprisonment shall be not less than six years and not more than 30 years. The offender may be sentenced to pay a fine not to exceed, $ 25,000 or the amount specified in the offense, whichever is greater. According to Section 720 ILCS 5/10-2, additional imprisonment is awarded for committing aggravated kidnapping from 15 to 25 years which is added to the term of imprisonment imposed by the court depending upon the gravity of the crime.
A person who is convicted of a second or subsequent offense of aggravated kidnapping will be sentenced to a term of natural life imprisonment. However, the life imprisonment shall not be imposed unless the second or subsequent offense was committed after conviction on the first offense.
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[i] People v. Gonzalez, 392 Ill. App. 3d 323 (Ill. App. Ct. 1st Dist. 2009)