How Does Illinois Address Kidnapping, Unlawful Restraint, and Forcible Detention?

Under the Illinois Criminal Code, kidnapping is an offense that involves confinement against someone’s will. Also highly similar, the crimes of unlawful restraint and forcible detention are separate offenses from kidnapping. To understand the nuances between these three offenses, it will be helpful to review several Illinois statutes at play. 

What are the Illinois Laws Against and Punishment for Kidnapping?

720 ILCS 5/10-1 establishes the Illinois laws against kidnapping. A person commits kidnapping if they knowingly:

    Confine a victim against their will;  Use force or the threat of force to take a victim to another location, intending to confine them against their will; or Employ deceit or enticement to induce a victim to go to another location, intending to confine them against their will. 

Section 10-1 does create a special consideration involving individuals with profound intellectual disabilities and minor children under the age of 13 years old. In these situations, [...]

How Does Illinois Differentiate Between Kidnapping and Aggravated Kidnapping?

From a general standpoint, kidnapping occurs whenever a perpetrator takes a victim and holds them captive. If these actions occur against the victim’s will or without their consent, it qualifies as kidnapping in Illinois. Furthermore, Illinois law provides for aggravated kidnapping charges, as well. Aggravated kidnapping is appropriate when the perpetrator displays particularly reckless conduct, such as possession or discharge of a firearm. 


The Illinois definition of kidnapping appears under 720 ILCS 5/10-1. This section makes it unlawful to knowingly:

    Confines another person against their will in secret; Uses force or the threat of force to carry another person and secretly confine them against their will; or Deceives another person into going somewhere with the intent to secretly confine them against their will. 

Section 10-1 also establishes the punishment for kidnapping. Any person who violates this section is guilty of a Class 2 felony. If convicted, the [...]

Two Men Arrested for Allegedly Kidnapping Illinois Woman

Several law enforcement agencies collaborated to arrest two men for allegedly kidnapping a woman from Carlyle, Illinois, according to an article by FOX 2

On Thursday, October 24th at approximately 9:45 a.m., the Carlyle Police Department and Clinton County Sheriff’s Office responded to reports of an alleged kidnapping. When the officers arrived at an apartment building in the 700 block of 8th Street, they were able to rescue the victim and remove her from danger. 

At that point, law enforcement officers moved to arrest the kidnapping suspects and take them into custody. Initially, the two men refused to comply and remained inside the apartment building. To defuse the situation, law enforcement established a perimeter and requested backup from a tactical team. 

One of the suspected kidnappers then voluntarily surrendered to law enforcement. But the other suspect stayed in the building, refusing to cooperate. Consequently, the police tactical team breached [...]

How Does Illinois Define and Penalize Kidnapping?

Under Illinois law, it is illegal to kidnap or otherwise confine a person against his or her will. While popular movies and TV shows might take a simplistic view of kidnapping, there are many subtleties to this crime in Illinois. Depending on the circumstances of the offense, the kidnapper can even face serious prison time and steep fines for aggravated kidnapping.

Kidnapping in Illinois

Under 720 ILCS 5/10-1, a person commits kidnapping in Illinois if he or she willingly:

    Confines another person in secret against that person’s will; Uses force or the threat of force to compel another person into confinement; or Deceives or entices another person into confinement.

720 ILCS 5/10-1 classifies kidnapping as a Class 2 felony. Upon conviction, the potential penalties include three to seven years in prison, $25,000 in criminal fines, and 48 months of probation.

Aggravated Kidnapping in Illinois

Under 720 ILCS [...]