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, confinement qualifies as kidnapping if the parent or legal guardian does not consent.
Section 10-1 also describes how Illinois punishes kidnapping. Under this section, kidnapping is a Class 2 felony. If convicted, the statutory punishment can include a prison sentence between three and seven years as well as criminal fines up to $25,000.
What are the Illinois Laws Against and Punishment for Unlawful Restraint?
720 ILCS 5/10-3 furnishes the Illinois laws against unlawful restraint. A person commits unlawful restraint if they knowingly or intentionally detain a victim, without legal authority or justification.
Section 10-3 also details how Illinois punishes unlawful restraint. Under this section, unlawful restraint is a Class 4 felony. If convicted, the statutory punishment can include a prison sentence between one and three years as well as criminal fines up to $25,000.
What are the Illinois Laws Against and Punishment for Forcible Detention?
720 ILCS 5/10-4 provides the Illinois laws against forcible detention. A person commits forcible detention if they:
- Detain a hostage and request a ransom or similar consideration, without legal authority or justification; and
- Possess a dangerous weapon, such as a firearm, during the offense; or
- Know that the hostage is a police officer or similar official in the performance of their official duties.
Section 10-4 also explains how Illinois punishes forcible detention. Under this section, forcible detention is a Class 2 felony. If convicted, a forcible detention offender will likely face a substantially similar punishment to the one described above for kidnapping.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.