Although the terms "kidnapping" and "abduction" are often used interchangeably,
legally speaking, they can be two different, distinct criminal offenses in some states.
Both crimes are serious felonies. Kidnapping is the forcible stealing or carrying
away of a person by force, threat, deceit, or with intent to cause the kidnapped
person harm.
Abduction involves persuading a person to come with you (usually a child that is
known to the abductor), taking a person by fraud, or taking a person by open force
or violence. Both terms refer to the unlawful detainment or taking of one person by
another. The term abduction is usually used in reference to a family relationship,
such as when one parent abducts his or her child from the other parent.
Kidnapping is more often used to describe a person taking a stranger against that
person’s will and with no lawful authority. In the state of Illinois, kidnapping and
abduction are separate crimes. The Illinois kidnapping statute is found at 720 ILCS
5/10-1 in the Criminal Code, while the abduction statute is found at 720 ILCS 5/10-
5 in the Criminal Code.
If you have been charged with either kidnapping or abduction, you should be aware
that the penalties are harsh. It is definitely in your best interests to speak to an
experienced Will County, IL criminal defense lawyer who will ensure you receive
an aggressive defense while protecting your rights.
THE CRIME OF KIDNAPPING
IN ILLINOIS
A person commits the offense of kidnapping when he or she knowingly and in secret
confines another person against his or her will through the use of force or the threat
of imminent force. Kidnapping in this state can have some of the strictest penalties,
including life imprisonment.
Kidnapping is a Class 2 felony offense with penalties that include between three and
seven years in prison plus up to two years of mandatory supervised release. The
judge can also impose a sentence of up to four years' probation or conditional
release, or periodic imprisonment of between 18 and 30 months.
Aggravated kidnapping can be charged when the kidnapper intends to obtain
ransom, takes a child, inflicts great bodily harm on the victim, commits another
felony on the victim, is armed with a dangerous weapon, discharges a firearm during
the kidnapping, or wears a hood, robe, or mask to conceal his or her identity.
Aggravated kidnapping is a Class X offense, with penalties from six to 30 years in
prison plus three years of mandatory supervised release. A Class X felony does not
allow periodic imprisonment, conditional release, or probation.
THE CRIME OF CHILD
ABDUCTION IN ILLINOIS
Child abduction is a Class 4 felony in the state, usually (but not always) involving a
non-custodial parent. If a parent knowingly conceals a child for 15 days and fails to
make reasonable attempts within this time period to notify the other parent, he or
she can be charged with child abduction. Aggravated child abduction can be
charged if the child is abused or neglected following the abduction or if:
The defendant inflicted or threatened to inflict physical harm on the lawful
custodian of the child or the child.
The defendant demanded payment in exchange for the return of the child.
The defendant has a prior conviction for child abduction.
The defendant committed the abduction while armed with a deadly weapon.
The defendant committed the abduction on school grounds.
A Class 4 felony for child abduction can result in one to four years in prison, while a
conviction for aggravated child abduction can result in a more severe penalty.
CONTACT A WILL COUNTY,
IL CRIMINAL DEFENSE
LAWYER
If you are facing kidnapping or child abduction charges, speaking to a
knowledgeable Will County criminal defense attorney from Law Offices of
Jack L. Zaremba, P.C. can be extremely helpful. Obtaining legal representation from
an aggressive criminal defense attorney who will advocate for your rights and your
future can often change the outcome of criminal charges. To schedule your free
consultation, call 815-740-4025.
