720 ILCS 5/10-1

Kidnapping

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(720 ILCS 5/10-1) (from Ch. 38, par. 10-1)
    Sec. 10-1. Kidnapping.
    (a) A person commits the offense of kidnapping when he or she knowingly:
        (1) and secretly confines another against his or her
    
will;
        (2) by force or threat of imminent force carries
    
another from one place to another with intent secretly to confine that other person against his or her will; or
        (3) by deceit or enticement induces another to go
    
from one place to another with intent secretly to confine that other person against his or her will.
    (b) Confinement of a child under the age of 13 years, or of a person with a severe or profound intellectual disability, is against that child's or person's will within the meaning of this Section if that confinement is without the consent of that child's or person's parent or legal guardian.
    (c) Sentence. Kidnapping is a Class 2 felony.
(Source: P.A. 99-143, eff. 7-27-15.)

    
Notes of Decisions
Cited in 83 cases (28 in the last 5 years), 1994–2026 · leading case: People v. Robinson
People v. Robinson (2016) illappct · cites it 5× “See 720 ILCS 5/10-1(a)(1) (West 2008). The instruction provided that the State had to prove defendant “secretly confined [B.”
People v. Ayoubi (2020) illappct · cites it 5× “” 720 ILCS 5/10-1(a) (West 2012). Thus, a defendant can commit kidnapping by confinement, asportation, or inducement.”
People v. Williams (2000) ill · cites it 2× “See 720 ILCS 5/10-1(a)(1), 10-2(a)(2) (West 1994).”
United States v. Tony Sparkman (2016) ca7 “The crime of violence underlying Defendants’ § 924(c) convictions was kidnapping in violation of 720 ILCS 5/10-1, 5/10-2. In determining whether the statute qualifies as a' crime of violence, we apply the “categorical approach” and look to the statutory definition to- see…”
People v. Towns (2020) illappct · cites it 2× “” 720 ILCS 5/10-1(a) (West 2010). A defendant thus commits kidnapping by confinement, asportation, or inducement.”
People v. Wilder (2005) illappct · cites it 3× “A defendant commits the offense of kidnaping where he knowingly and secretly confines a person against his will (720 ILCS 5/10-1(a)(1) (West 2002)), carries a person from one place to another by force or threat of force with the intent to secretly confine him against his will…”
People v. Gaines (2020) illappct · cites it 3× “” 720 ILCS 5/10-1 (West 2016). Further, the kidnapping is aggravated if the defendant commits kidnapping and “takes as his or her victim a child under the age of 13 years.”
People v. Gonzalez (2009) illappct · cites it 4× “No more than 15 minutes went by between the time defendant left the Fantus Clinic with the baby until she was arrested at Rush University Medical Center.”
People v. McCarter (2011) illappct “720 ILCS 5/10-1 (West 2010). The instant defendant was convicted of six counts of aggravated kidnapping, but sentence was imposed only on count VIII, which charged aggravated kidnapping based on the commission of the felony of armed robbery.”
People v. Short (2021) illappct “A person commits kidnapping when he knowingly “by force or threat of imminent force carries another from one place to another with intent secretly to confine that other person against his or her will” (720 ILCS 5/10-1(a)(2) (West 2014)), which is referred to as asportation.”
People v. Davis (1998) ill “NDIC delivered the opinion of the court: Defendant, Arlie Ray Davis, was charged in Henry County with five counts of first degree murder (720 ILCS 5/9-1(a)(1), (a)(2), (a)(3) (West 1994)), two counts of aggravated criminal sexual assault (720 ILCS 5/12-14(a)(2), (a)(4) (West…”
People v. Reyes (2020) illappct “60, aggravated kidnapping in violation of Illinois Compiled Statute 720 ILCS 5/10-2(a)(2), kidnapping in violation of 720 ILCS 5/10-1(a)(1), and unlawful restraint in violation of Illinois Compiled Statute 720 ILCS 5/10-3.”
— 720 ILCS 5/10-1(2) — 1 case
People v. Cookbay (2020) illappct
— 720 ILCS 5/10-1(a) — 10 cases
People v. Towns (2020) illappct “” 720 ILCS 5/10-1(a) (West 2010). A defendant thus commits kidnapping by confinement, asportation, or inducement.”
People v. Ayoubi (2020) illappct “” 720 ILCS 5/10-1(a) (West 2012). Thus, a defendant can commit kidnapping by confinement, asportation, or inducement.”
People v. Mitchell (2018) illappct
People v. Snelling (2021) illappct
People v. Trotter (2007) illappct
— 720 ILCS 5/10-1(a)(1) — 39 cases
People v. Williams (2000) ill “See 720 ILCS 5/10-1(a)(1), 10-2(a)(2) (West 1994).”
People v. Robinson (2016) illappct “See 720 ILCS 5/10-1(a)(1) (West 2008). The instruction provided that the State had to prove defendant “secretly confined [B.”
People v. Davis (1998) ill “NDIC delivered the opinion of the court: Defendant, Arlie Ray Davis, was charged in Henry County with five counts of first degree murder (720 ILCS 5/9-1(a)(1), (a)(2), (a)(3) (West 1994)), two counts of aggravated criminal sexual assault (720 ILCS 5/12-14(a)(2), (a)(4) (West…”
People v. Ayoubi (2020) illappct “” 720 ILCS 5/10-1(a) (West 2012). Thus, a defendant can commit kidnapping by confinement, asportation, or inducement.”
People v. Gaines (2020) illappct “” 720 ILCS 5/10-1 (West 2016). Further, the kidnapping is aggravated if the defendant commits kidnapping and “takes as his or her victim a child under the age of 13 years.”
— 720 ILCS 5/10-1(a)(1)(2) — 1 case
People v. Kirk (2020) illappct
— 720 ILCS 5/10-1(a)(2) — 19 cases
People v. Ayoubi (2020) illappct “” 720 ILCS 5/10-1(a) (West 2012). Thus, a defendant can commit kidnapping by confinement, asportation, or inducement.”
People v. Towns (2020) illappct “” 720 ILCS 5/10-1(a) (West 2010). A defendant thus commits kidnapping by confinement, asportation, or inducement.”
People v. Short (2021) illappct “A person commits kidnapping when he knowingly “by force or threat of imminent force carries another from one place to another with intent secretly to confine that other person against his or her will” (720 ILCS 5/10-1(a)(2) (West 2014)), which is referred to as asportation.”
People v. Wilder (2005) illappct “A defendant commits the offense of kidnaping where he knowingly and secretly confines a person against his will (720 ILCS 5/10-1(a)(1) (West 2002)), carries a person from one place to another by force or threat of force with the intent to secretly confine him against his will…”
People v. West (2020) illappct
— 720 ILCS 5/10-1(a)(3) — 8 cases
People v. Robinson (2016) illappct “See 720 ILCS 5/10-1(a)(1) (West 2008). The instruction provided that the State had to prove defendant “secretly confined [B.”
People v. Wilder (2005) illappct “A defendant commits the offense of kidnaping where he knowingly and secretly confines a person against his will (720 ILCS 5/10-1(a)(1) (West 2002)), carries a person from one place to another by force or threat of force with the intent to secretly confine him against his will…”
People v. Madison (2023) illappct
People v. Carroll (2021) illappct
People v. George (2002) illappct
— 720 ILCS 5/10-1(b) — 7 cases
People v. Williams (2000) ill “See 720 ILCS 5/10-1(a)(1), 10-2(a)(2) (West 1994).”
People v. Gonzalez (2009) illappct “No more than 15 minutes went by between the time defendant left the Fantus Clinic with the baby until she was arrested at Rush University Medical Center.”
People v. Rodriguez (2020) illappct
People v. George (2002) illappct
People v. Trotter (2007) illappct
— 720 ILCS 5/10-1(c) — 3 cases
People v. Wells (2022) illappct
People v. Phelps (2001) illappct
People v. Phelps (2002) illappct
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