There Is a Newer Version of the Illinois Compiled Statutes

2005 Illinois 720 ILCS 5/ Criminal Code of 1961. Article 10 - Kidnaping and Related Offenses

(720 ILCS 5/Art. 10 heading)
ARTICLE 10.

KIDNAPING AND RELATED OFFENSES

(720 ILCS 5/10‑1) (from Ch. 38, par. 10‑1)

Sec. 10‑1.

Kidnapping.) (a) Kidnapping occurs when a person knowingly:

(1) And secretly confines another against his will, or

(2) By force or threat of imminent force carries another from one place
to another with intent secretly to confine him against his will, or

(3) By deceit or enticement induces another to go from one place to
another with intent secretly to confine him against his will.

(b) Confinement of a child under the age of 13 years is against his
will within the meaning of this Section if such confinement is without the
consent of his parent or legal guardian.

(c) Sentence.

Kidnapping is a Class 2 felony.

(Source: P.A. 79‑765.)

(720 ILCS 5/10‑2) (from Ch. 38, par. 10‑2)

Sec. 10‑2.

Aggravated kidnaping.

(a) A kidnaper within the
definition of paragraph (a) of Section 10‑1  is guilty of the offense of
aggravated kidnaping when he:

(1) Kidnaps for the purpose of obtaining ransom from

the person kidnaped or from any other person, or

(2) Takes as his victim a child under the age of 13

years, or a severely or profoundly mentally retarded person, or

(3) Inflicts great bodily harm, other than by the

discharge of a firearm, or commits another felony upon his victim, or

(4) Wears a hood, robe or mask or conceals his

identity, or

(5) Commits the offense of kidnaping while armed

with a dangerous weapon, other than a firearm, as defined in Section 33A‑1 of the "Criminal Code of 1961", or

(6) Commits the offense of kidnaping while armed

with a firearm, or

(7) During the commission of the offense of

kidnaping, personally discharged a firearm, or

(8) During the commission of the offense of

kidnaping, personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person.

As used in this Section, "ransom" includes money, benefit or other
valuable thing or concession.

(b) Sentence. Aggravated kidnaping
in violation of paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a Class X felony.
A violation of subsection (a)(6) is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the court. A violation of
subsection (a)(7) is a Class X felony for which 20 years shall be added to the
term of imprisonment imposed by the court. A violation of subsection (a)(8) is
a Class X felony for which 25 years or up to a term of natural life shall be
added to the term of imprisonment imposed by the court.

A person who is convicted of a second or subsequent offense of
aggravated kidnaping shall be sentenced to a term of natural life imprisonment;
provided, however, that a sentence of natural life imprisonment shall not be
imposed under this Section unless the second or subsequent offense was
committed after conviction on the first offense.

(Source: P.A. 91‑404, eff. 1‑1‑00; 92‑434, eff. 1‑1‑02.)

(720 ILCS 5/10‑3) (from Ch. 38, par. 10‑3)

Sec. 10‑3.

Unlawful
restraint.)
(a) A person commits the offense of unlawful restraint when he knowingly
without legal authority detains another.

(b) Sentence.

Unlawful restraint is a Class 4 felony.

(Source: P.A. 79‑840.)

(720 ILCS 5/10‑3.1) (from Ch. 38, par. 10‑3.1)

Sec. 10‑3.1.

Aggravated Unlawful Restraint.

(a) A person commits the
offense of aggravated unlawful restraint when he knowingly without legal
authority detains another while using a deadly weapon.

(b) Sentence. Aggravated unlawful restraint is a Class 3 felony.

(Source: P.A. 84‑930.)

(720 ILCS 5/10‑4) (from Ch. 38, par. 10‑4)

Sec. 10‑4.

Forcible Detention.)  (a)  A person commits the offense
of forcible detention when he holds an individual hostage without lawful authority
for the purpose of obtaining performance by a third person of demands made by the
person holding the hostage, and

(1) the person holding the hostage is armed with a dangerous weapon as
defined in Section 33A‑1 of this Code, or

(2) the hostage is known to the person holding him to be a peace officer
or a correctional employee engaged in the performance of his official duties.

(b) Forcible detention is a Class 2 felony.

(Source: P.A. 79‑941.)

(720 ILCS 5/10‑5) (from Ch. 38, par. 10‑5)

Sec. 10‑5.

Child Abduction.

(a) For purposes of this Section, the following terms shall have
the following meanings:

(1) "Child" means a person under the age of 18 or a

severely or profoundly mentally retarded person at the time the alleged violation occurred; and

(2) "Detains" means taking or retaining physical

custody of a child, whether or not the child resists or objects; and

(3) "Lawful custodian" means a person or persons

granted legal custody of a child or entitled to physical possession of a child pursuant to a court order.  It is presumed that, when the parties have never been married to each other, the mother has legal custody of the child unless a valid court order states otherwise.  If an adjudication of paternity has been completed and the father has been assigned support obligations or visitation rights, such a paternity order should, for the purposes of this Section be considered a valid court order granting custody to the mother.

(b) A person commits child abduction when he or she:

(1) Intentionally violates any terms of a valid

court order granting sole or joint custody, care or possession to another, by concealing or detaining the child or removing the child from the jurisdiction of the court; or

(2) Intentionally violates a court order prohibiting

the person from concealing or detaining the child or removing the child from the jurisdiction of the court; or

(3) Intentionally conceals, detains or removes the

child without the consent of the mother or lawful custodian of the child if the person is a putative father and either: (A) the paternity of the child has not been legally established or (B) the paternity of the child has been legally established but no orders relating to custody have been entered. However, notwithstanding the presumption created by paragraph (3) of subsection (a), a mother commits child abduction when she intentionally conceals or removes a child, whom she has abandoned or relinquished custody of, from an unadjudicated father who has provided sole ongoing care and custody of the child in her absence; or

(4) Intentionally conceals or removes the child from

a parent after filing a petition or being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody; or

(5) At the expiration of visitation rights outside

the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois; or

(6) Being a parent of the child, and where the

parents of such child are or have been married and there has been no court order of custody, conceals the child for 15 days, and fails to make reasonable attempts within the 15 day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact such child, or to arrange reasonable visitation or contact with the child. It is not a violation of this Section for a person fleeing domestic violence to take the child with him or her to housing provided by a domestic violence program; or

(7) Being a parent of the child, and where the

parents of the child are or have been married and there has been no court order of custody, conceals, detains, or removes the child with physical force or threat of physical force; or

(8) Conceals, detains, or removes the child for

payment or promise of payment at the instruction of a person who has no legal right to custody; or

(9) Retains in this State for 30 days a child

removed from another state without the consent of the lawful custodian or in violation of a valid court order of custody; or

(10) Intentionally lures or attempts to lure a child

under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the parent or lawful custodian of the child for other than a lawful purpose.

For the purposes of this subsection (b), paragraph (10), the luring
or attempted luring of a child under the age of 16 into a motor vehicle,
building, housetrailer, or dwelling place without the consent of the parent
or lawful custodian of the child shall be prima facie evidence of other
than a lawful purpose.

(c) It shall be an affirmative defense that:

(1) The person had custody of the child pursuant to

a court order granting legal custody or visitation rights which existed at the time of the alleged violation; or

(2) The person had physical custody of the child

pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified and disclosed to the other parent or legal custodian the specific whereabouts of the child and a means by which such child can be contacted or made a reasonable attempt to notify the other parent or lawful custodian of the child of such circumstances and make such disclosure within 24 hours after the visitation period had expired and returned the child as soon as possible; or

(3) The person was fleeing an incidence or pattern

of domestic violence; or

(4) The person lured or attempted to lure a child

under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place for a lawful purpose in prosecutions under subsection (b), paragraph (10).

(d) A person convicted of child abduction under this Section is guilty of
a Class 4 felony.  A person convicted of a second or subsequent violation of
paragraph (10) of subsection (b) of this Section is guilty of a Class 3
felony.  It shall be a factor in aggravation for which a court
may impose a more severe sentence under Section 5‑8‑1 of the Unified Code
of Corrections, if upon sentencing the court finds evidence of any of the
following aggravating factors:

(1) that the defendant abused or neglected the child

following the concealment, detention or removal of the child; or

(2) that the defendant inflicted or threatened to

inflict physical harm on a parent or lawful custodian of the child or on the child with intent to cause such parent or lawful custodian to discontinue criminal prosecution of the defendant under this Section; or

(3) that the defendant demanded payment in exchange

for return of the child or demanded that he or she be relieved of the financial or legal obligation to support the child in exchange for return of the child; or

(4) that the defendant has previously been convicted

of child abduction; or

(5) that the defendant committed the abduction while

armed with a deadly weapon or the taking of the child resulted in serious bodily injury to another; or

(6) that the defendant committed the abduction while

in a school, regardless of the time of day or time of year; in a playground; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school or playground.  For purposes of this paragraph (6), "playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation; and "school" means a public or private elementary or secondary school, community college, college, or university.

(e) The court may order the child to be returned to the parent or lawful
custodian from whom the child was concealed, detained or removed.  In
addition to any sentence imposed, the court may assess any reasonable
expense incurred in searching for or returning the child against any
person convicted of violating this Section.

(f) Nothing contained in this Section shall be construed to limit the
court's contempt power.

(g) Every law enforcement officer investigating an alleged incident of
child abduction shall make a written police report of any bona fide
allegation and the disposition of such investigation.  Every police report
completed pursuant to this Section shall be compiled and recorded within
the meaning of Section 5.1 of "An Act in relation to criminal
identification and investigation", approved July 2, 1931, as now or hereafter
amended.

(h) Whenever a law enforcement officer has reasons to believe a child
abduction has occurred, he shall provide the lawful custodian a summary of
her or his rights under this Act, including the procedures and relief
available to her or him.

(i) If during the course of an investigation under this
Section the child is found in the physical custody of the defendant or
another, the law enforcement officer shall return the child to the parent
or lawful custodian from whom the child was concealed, detained or removed,
unless there is good cause for the law enforcement officer or the
Department of Children and Family Services to retain temporary protective
custody of the child pursuant to the Abused and Neglected Child Reporting
Act, as now or hereafter amended.

(Source: P.A. 92‑434, eff. 1‑1‑02.)

(720 ILCS 5/10‑5.5)

Sec. 10‑5.5.

Unlawful visitation interference.

(a) As used in this Section,
the terms
"child", "detain", and "lawful custodian" shall have the meanings ascribed
to them in Section 10‑5 of this Code.

(b) Every person who, in violation of the visitation
provisions of a court order relating to child custody, detains
or conceals a child with the intent to deprive another person of his or her
rights
to visitation shall be guilty of unlawful
visitation interference.

(c) A person committing unlawful visitation interference is
guilty of a petty offense.  However, any person violating this Section after
2 prior convictions of unlawful visitation interference is guilty
of a Class A misdemeanor.

(d) Any law enforcement officer who has probable cause to believe that
a person has committed or is committing an act in violation of this Section
shall issue to that person a notice to appear.

(e) The notice shall:

(1) be in writing;

(2) state the name of the person and his address, if

known;

(3) set forth the nature of the offense;

(4) be signed by the officer issuing the notice; and

(5) request the person to appear before a court at a

certain time and place.

(f) Upon failure of the person to appear, a summons or warrant of arrest may
be issued.

(g) It is an affirmative defense that:

(1) a person or lawful custodian committed the act

to protect the child from imminent physical harm, provided that the defendant's belief that there was physical harm imminent was reasonable and that the defendant's conduct in withholding visitation rights was a reasonable response to the harm believed imminent;

(2) the act was committed with the mutual consent of

all parties having a right to custody and visitation of the child; or

(3) the act was otherwise authorized by law.

(h) A person convicted of unlawful visitation interference shall not be
subject to a civil contempt citation for the same conduct for violating
visitation provisions of a
court order issued under the Illinois Marriage and Dissolution of Marriage
Act.

(Source: P.A. 88‑96.)

(720 ILCS 5/10‑6) (from Ch. 38, par. 10‑6)

Sec. 10‑6.

Harboring a runaway.

(a) Any person, other than an agency
or association providing crisis intervention services as defined in Section
3‑5 of the Juvenile Court Act of 1987, or an operator of a youth
emergency shelter as defined in Section 2.21 of the Child Care Act of
1969, who, without the knowledge and consent of the minor's parent or
guardian, knowingly gives shelter to a minor, other than a mature minor who
has been emancipated under the Emancipation of Mature Minors Act, for more
than 48 hours without the consent of the minor's parent or guardian, and
without notifying the local law enforcement authorities of the minor's name
and the fact that the minor is being provided shelter commits the offense
of harboring a runaway.

(b) Any person who commits the offense of harboring a runaway is guilty
of a Class A misdemeanor.

(Source: P.A. 86‑278; 86‑386.)

(720 ILCS 5/10‑7) (from Ch. 38, par. 10‑7)

Sec. 10‑7.

Aiding and abetting child abduction.

(a) A
person violates this Section when:

(i) Before or during the commission of a child abduction as
defined in Section 10‑5 and with the intent to promote or facilitate such
offense, he or she intentionally aids or abets another in the planning or
commission of child abduction, unless before the commission of the
offense he or she makes proper effort to prevent the commission of the offense; or

(ii) With the intent to prevent the apprehension of a person known to
have committed the offense of child abduction, or with the intent to
obstruct or prevent efforts to locate the child victim of a child
abduction, he or she knowingly destroys, alters, conceals or disguises
physical evidence or furnishes false information.

(b) Sentence. A person who violates this Section commits a Class 4 felony.

(Source: P.A. 84‑1308.)

(720 ILCS 5/10‑8) (from Ch. 38, par. 10‑8)

Sec. 10‑8.

Unlawful sale of a public conveyance travel ticket to a minor.

(a) A person commits the offense of unlawful sale of a public conveyance
travel ticket to a minor when the person sells a ticket for travel on any
public conveyance to an unemancipated minor under 17 years of age without
the consent of the minor's parents or guardian for passage to a destination
outside this state and knows the minor's age or fails to take reasonable
measures to ascertain the minor's age.

(b) Evidence.  The fact that the defendant demanded, was shown,
and reasonably relied upon written evidence of a person's age in any
transaction forbidden by this Section is competent evidence, and may be
considered in any criminal prosecution for a violation of this Section.

(c) Definition.  "Public Conveyance", includes an airplane, boat,
bus, railroad, train, taxicab or other vehicle used for the transportation
of passengers for hire.

(d) Sentence.  Unlawful sale of a public conveyance travel ticket to a minor is a
Class C misdemeanor.

(Source: P.A. 86‑336.)

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