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What Are the Consequences of Kidnapping Charges in Illinois?

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Will County violent crimes defense attorney

There are many different ways a person can be charged with kidnapping, and contrary to how it sounds, kidnapping can happen to both children and adults alike. An individual can be taken by someone he or she knows or does not know for ransom, or worse, to be tortured or killed. This is why kidnapping is considered a violent crime.

Illinois law defines kidnapping as a person knowingly doing any of the following acts:

  • Secretly confining another person against his or her will.

  • Forcibly transporting another person with the intent to confine him or her against his or her will.

  • Inducing another person from one place to another with the intent to confine him or her against his or her will.

  • Concealing a person under the age of 13 or with an intellectual disability against his or her will and without the consent of the minor’s parents.

In these cases, alleged kidnappers can be convicted of a Class 2 felony punishable by a prison term of three to seven years.

Understanding Aggravated Kidnapping

The state of Illinois also has laws for aggravated kidnapping, which is a crime of a more serious nature with more severe consequences. Aggravated kidnapping is classified as any of the following:

  • Taking another person with the intent to collect a ransom.

  • Taking a minor under the age of 13 years old or taking a person with an intellectual disability.

  • Inflicting bodily harm upon a victim other than discharging a firearm.

  • Wearing a hood or mask to conceal identity.

  • Committing the act of kidnapping while in possession of a weapon other than a firearm.

  • Committing the act of kidnapping with a firearm.

  • Committing the act of kidnapping and discharging a firearm.

  • Committing the act of kidnapping while discharging a firearm that results in bodily harm or death of another person.

Aggravated kidnapping is a Class X felony with prison terms increasing with the nature of the crime. First offenses are punished by a prison term of six to 30 years, with an additional 15-25 years, depending on the severity of the crime. Second and subsequent offenses are punishable by life imprisonment, a fine of up to $25,000, and restitution to the victim.

Contact a Joliet, IL Criminal Defense Attorney

A kidnapping conviction will change a person’s life, and aggravated kidnapping carries even more severe penalties. If found guilty, the offender will go to prison, but even if a person is found not guilty, they are still likely to suffer from a damaged reputation within their community. If you or someone you know is fighting kidnapping charges, an attorney from the Law Office of Tedone & Morton, P.C. can help you build the best defense strategy so you can avoid a prison term. To schedule a free consultation with a Will County violent crimes lawyer, call 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+10&ActID=1876&ChapterID=53&SeqStart=12200000&SeqEnd=13600000

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