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720 ILCS 5/10-1 – Kidnapping

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Posted by Christopher Combs on March 20, 2026

720 ILCS 5/10-1 – Kidnapping

This law explains what counts as kidnapping and the punishment for it.

A person commits kidnapping if they take or keep another person against their will, whether by force, threat, or by tricking them, while keeping it secret. Kidnapping is a Class 2 felony, meaning it is a serious crime with possible prison time.

(a) A person kidnaps someone when they knowingly do any of these things:

  1. Secretly keep another person in a place where that person does not want to stay.
  2. Use force or threats to move someone from one place to another with the plan to secretly keep them against their will.
  3. Trick or lure someone into going somewhere with the plan to secretly keep them against their will.

(b) If the person taken is a child under 13 years old or someone with a severe intellectual disability, and their parent or guardian did not agree to it, the law sees it as being against that person’s will.

(c) The punishment for kidnapping is a Class 2 felony, which means it has a penalty of 3-7 years in prison.

View the full statute here.

Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.

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