720 ILCS 5/10-2 – Aggravated Kidnapping
This law explains what makes a kidnapping more serious and the extra punishments that come with it.
Aggravated kidnapping happens when someone commits a kidnapping with certain serious conditions, like asking for ransom, harming the victim, or using a weapon. The person faces very severe prison sentences depending on what happened during the crime.
(a) Definition: A person commits aggravated kidnapping when they kidnap someone and one or more of the following apply:
- The person kidnaps to get money, something valuable, or another benefit (called ransom).
- The victim is a child under 13 years old or someone with a serious intellectual disability.
- The kidnapper seriously hurts the victim (without a gun) or commits another serious crime against the victim.
- The kidnapper hides their identity, such as with a hood, robe, mask, or disguise.
- The kidnapping happens while the person has a dangerous weapon (other than a gun).
- The kidnapping happens while the person has a gun.
- The person fires a gun while committing the kidnapping.
- The person fires a gun and causes serious injury, permanent harm, or death.
(b) Punishment: Aggravated kidnapping is a very serious crime, called a Class X felony. The punishment becomes even harsher depending on the situations above:
- If it involves situations (1)–(5) above, it is a Class X felony. This typically includes a 6-30 year prison sentence.
- If it involves having a gun (6), 15 extra years are added to the prison sentence.
- If it involves firing the gun (7), 20 extra years are added.
- If firing the gun causes serious harm or death (8), 25 years to a life sentence can be added.
Adults convicted a second time of aggravated kidnapping can face life in prison if the second crime happens after being convicted of the first. Anyone under 18 years old at the time of the crime is sentenced according to special youth sentencing laws.
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