720 ILCS 5/18-4 – Aggravated Vehicular Hijacking

720 ILCS 5/18-4 – Aggravated Vehicular Hijacking

This law makes it a more serious crime to take someone’s car by force if certain dangerous or harmful things happen during the crime.

This Illinois law says that stealing a vehicle by force becomes “aggravated vehicular hijacking” if the victim is elderly or disabled, if a child is present, or if the offender uses or fires a weapon. The punishment is very serious, with extra prison time depending on what happened during the crime.

(a) A person commits aggravated vehicular hijacking when they break the law about carjacking (Section 18-3) and one of these things happens:

1. The victim is disabled or 60 years old or older.
2. A child under 16 years old is in the car when it’s taken.
3. The person has or uses a dangerous weapon (not a gun).
4. The person has or uses a gun.
5. The person fires the gun during the crime.
6. The person fires the gun and seriously injures or kills someone.

(b) Sentence: The crime is always a Class X felony (the most serious kind in Illinois). The regular punishment for a Class X felony is 6–30 years in prison, but this can vary depending on what happened:

1. If the victim was elderly, disabled, or a child was in the car – regular Class X felony.
2. If the offender had a dangerous weapon – the minimum sentence rises to 7 years in prison.
3. If the offender had a gun – 15 extra years added to the prison sentence.
4. If the offender fired the gun – 20 extra years added to the prison sentence.
5. If the offender fired the gun and hurt or killed someone – 25 extra years or up to life in prison.

View the full statute here.

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