720 ILCS 5/10-5 – Child Abduction

720 ILCS 5/10-5 – Child Abduction

This law makes it a crime to take, keep, or try to lure a child without permission or against a court order.

This Illinois law explains what counts as child abduction, what defenses may apply, and what punishments a person can face. It covers cases like taking a child without consent, keeping a child past visitation time, or trying to lure a child for an unlawful reason.

(a) This part explains important words used in the law:

• A “child” means anyone under 18 or someone with a severe intellectual disability.
• “Detains” means keeping a child physically. “Express consent” means clear permission.
• “Luring” means trying to tempt or attract a child.
• A “lawful custodian” is someone who legally has custody.
• A “putative father” is a man who believes he’s the father of a child with a woman he’s not married to.
• “Unlawful purpose” means doing something illegal.

(b) A person commits child abduction by doing any of these acts:

1. Breaking a court order about custody by hiding, keeping, or taking the child away.
2. Breaking a court order that says not to hide, keep, or move the child.
3. A man who thinks he’s the father but doesn’t have legal custody takes or hides the child without the mother’s or custodian’s consent, unless the mother abandoned the child and the father was caring for them.
4. Taking or hiding a child after filing a case about marriage or paternity but before a court decides custody.
5. Failing to return a child to Illinois after visitation in another state.
6. If married parents have no custody order, one parent hides the child for 15 days without telling or allowing the other parent contact, unless escaping domestic violence to special housing.
7. If married parents have no custody order, one parent uses or threatens force to take the child.
8. Taking or holding a child for payment or at the request of someone without custody rights.
9. Keeping a child in Illinois for 30 days who was taken from another state without consent or against a custody order.
10. Trying to lure a child under 17 (or a student going to or from school) into a car, building, or home without parent consent and for an unlawful reason.
11. Destroying evidence or lying to stop others from finding a missing child.

(c) For B-1 to B-10, the following defenses can be used in court:

1. The person had legal custody or visitation rights at the time.
2. The person couldn’t return the child due to situations beyond their control and told the other parent where the child was within 24 hours.
3. The person was fleeing domestic violence.
4. The person tried to lure a child for a legal reason.

(d) Child abduction is usually a Class 4 felony. Trying to lure a child means the person must get a sex offender evaluation. Repeating certain offenses makes penalties harsher (Class 3 or Class 2 felonies). Sentences can also be increased if the person harmed or threatened the child or parent, demanded money, had a weapon, caused injury, or did it near a school or playground.

(e) The court can order the child to be returned to their parent or guardian and make the offender pay search or return costs.

(f) The court’s power to punish someone for disrespecting it is not affected by this law.

(g) Police must take and record reports of real child abduction claims.

(h) Police must give custodians a summary of their rights and available legal actions if a child abduction may have occurred.

(i) If police find the missing child, they must return the child to the lawful custodian unless child protection workers have reason to keep the child safe.

View the full statute here.

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