kidnapping and aggravated kidnapping are serious offenses Under the Illinois Criminal Code that can lead to a lengthy prison sentence and steep fines. On a higher level, these offenses involve confining a victim against their will. Though the underlying circumstances of the offense can have a direct impact on the applicable punishment.
Illinois Laws Against Kidnapping
The Illinois laws against kidnapping appear at 720 ILCS 5/10-1. Under this section, a person commits kidnapping if they knowingly:
- Confine a victim against their will in a secretive fashion;
- Use force or the threat of force to take a victim somewhere with the intent of secretly confining the victim; or
- Employ deceit or enticement to induce a victim to go somewhere, with the intent of secretly confining the victim.
Illinois Punishment for Kidnapping
Section 10-1 also furnishes the Illinois punishment for kidnapping. Under this section, kidnapping is normally charged as a Class 2 felony. The Illinois punishment for this class of felony includes a prison sentence between three and seven years as well as criminal fines up to $25,000.
Illinois Laws Against Aggravated Kidnapping
The Illinois laws against aggravated kidnapping appear at 720 ILCS 5/10-2. Under this section, a standard offense becomes aggravated kidnapping if the perpetrator also:
- Demonstrates an intent to collect a ransom to return the victim;
- Confines a victim that is disabled or younger than 13 years old;
- Inflicts great bodily harm to victim without using a firearm;
- Commits another felony against the victim during the offense;
- Conceals their identity with a hood, robe, or mask;
- Possesses a dangerous weapon, other than a firearm, during the offense;
- Possesses a firearm during the offense;
- Discharges a firearm during the offense; or
- Causes great bodily harm, disability, disfigurement, or death to the victim by discharging a firearm.
Illinois Punishment for Aggravated Kidnapping
Section 10-2 also supplies the Illinois punishment for aggravated kidnapping. At a minimum, aggravated kidnapping offenders will face Class X felony charges in Illinois. The Illinois punishment for this class of felony includes a prison sentence between six and 30 years as well as criminal fines up to $25,000. It is worth noting that Illinois prohibits probation for Class X felonies.
In addition, Section 10-2 provides enhanced penalties for certain types of aggravated kidnapping offenses. For example, aggravated kidnapping that involved:
- Possession of a Firearm — Results in 15 years added to the prison sentence;
- Discharge of a Firearm — Results in 20 years added to the prison sentence; or
- Injury/Death from a Firearm — Results in 25 years to life added to the prison sentence.
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 email@example.com or by completing an online form.