ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/10-2 (2026)

Aggravated kidnaping

✓ current as of May 2026
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(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
    Sec. 10-2. Aggravated kidnaping.
    (a) A person commits the offense of aggravated kidnaping when he or she commits kidnapping and:
        (1) kidnaps with the intent to obtain ransom from the
    
person kidnaped or from any other person;
        (2) takes as his or her victim a child under the age
    
of 13 years, or a person with a severe or profound intellectual disability;
        (3) inflicts great bodily harm, other than by the
    
discharge of a firearm, or commits another felony upon his or her victim;
        (4) wears a hood, robe, or mask or conceals his or
    
her identity;
        (5) commits the offense of kidnaping while armed with
    
a dangerous weapon, other than a firearm, as defined in Section 33A-1 of this Code;
        (6) commits the offense of kidnaping while armed with
    
a firearm;
        (7) during the commission of the offense of
    
kidnaping, personally discharges a firearm; or
        (8) during the commission of the offense of
    
kidnaping, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
    As used in this Section, "ransom" includes money, benefit, or other valuable thing or concession.
    (b) Sentence. Aggravated kidnaping in violation of paragraph (1), (2), (3), (4), or (5) of subsection (a) is a Class X felony. A violation of subsection (a)(6) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(7) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(8) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court. An offender under the age of 18 years at the time of the commission of aggravated kidnaping in violation of paragraphs (1) through (8) of subsection (a) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
    A person who has attained the age of 18 years at the time of the commission of the offense and who is convicted of a second or subsequent offense of aggravated kidnaping shall be sentenced to a term of natural life imprisonment; except that a sentence of natural life imprisonment shall not be imposed under this Section unless the second or subsequent offense was committed after conviction on the first offense. An offender under the age of 18 years at the time of the commission of the second or subsequent offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)

    
Notes of Decisions
Cited in 161 cases (60 in the last 5 years), 1994–2026 · leading case: People v. Moss, 795 N.E.2d 208 (Ill. 2003).
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People v. Moss, 795 N.E.2d 208 (Ill. 2003). · cites it 10× “In the case at bar, defendants were charged with various offenses whose penalties were amended by Public Act 91-404, including attempted first degree murder (720 ILCS 5/8-4, 9-1 (West 2000)), armed robbery (720 ILCS 5/18-2 (West 2000)), aggravated vehicular hijacking (720 ILCS…”
People v. Hunter, 2017 IL 121306 (Ill. 2017). · cites it 2× “The charges arose out of an incident the previous month in which Hunter and two unidentified men robbed Steven Maxwell of personal property including his vehicle and kidnapped him, all at gunpoint.”
People v. Hall, 841 N.E.2d 913 (Ill. 2005). · cites it 2× “720 ILCS 5/10-2(a)(2), 16-1(a)(1)(A) (West 1998); 625 ILCS 5/4-103.”
People v. Beard, 851 N.E.2d 141 (Ill. App. Ct. 2006). · cites it 5× “Justice NEVILLE concurring in part and dissenting in part: I concur in that part of the opinion affirming Beard's conviction for aggravated kidnapping (720 ILCS 5/10-2 (West *151 2002)), but I write separately and dissent from that part of the majority's opinion affirming the…”
People v. Wilder, 826 N.E.2d 1076 (Ill. App. Ct. 2005). · cites it 8× “The Criminal Code of 1961 provides that a defendant commits aggravated kidnaping where he does so for the purpose of obtaining a ransom (720 ILCS 5/10-2(a)(1) (West 2002)); where the victim is under 13 years of age or mentally disabled (720 ILCS 5/10-2(a)(2) (West 2002)); where…”
People v. House, 2021 IL 125124 (Ill. 2021). “The circuit court sentenced petitioner to a mandatory natural life term for the murder convictions (730 ILCS 5/5-8-1(a)(1)(c)(ii) (West 1992)) and 60 years for each aggravated kidnapping conviction, to run consecutively to the life term (see 720 ILCS 5/10-2(a)(3) (West 1992)).…”
People v. Caffey, 792 N.E.2d 1163 (Ill. 2001). “Defendant was ultimately tried for the intentional and knowing murder of Debra, Samantha, and Joshua (720 ILCS 5/9-1(a)(1), (a)(2) (West 1994)), their felony murder based on the felonies of aggravated kidnapping and armed robbery (720 ILCS 5/9-1(a)(3) (West 1994)), and the…”
People v. Harvey, 813 N.E.2d 181 (Ill. 2004). “At the time of the events at issue, the gang had recently split into two opposing groups and were battling for control of drug trafficking.”
People v. Jones, 2023 IL App (4th) 230837 (Ill. App. Ct. 2023). “BACKGROUND ¶3 In July 2023, the State charged defendant by information with attempt (armed robbery) (720 ILCS 5/18-2(a)(2) (West 2022)), home invasion (720 ILCS 5/19-6(a)(3), (c) (West 2022)), and aggravated kidnapping (720 ILCS 5/10-2(a)(6), (b) (West 2022)). At a hearing on…”
People v. Herron, 965 N.E.2d 1263 (Ill. App. Ct. 2012). · cites it 3× “The offense of aggravated kidnapping under section 10-2(a)(6) of the Code (720 ILCS 5/10-2(a)(6) (West 2006)) requires that the defendant kidnap a person while armed with a firearm.”
People v. Hatter, 2021 IL 125981 (Ill. 2021). “The aggravated kidnapping charge was a Class X felony (720 ILCS 5/10-2(b) (West 1998)), by far the most serious offense charged.”
People v. McCarter, 954 N.E.2d 718 (Ill. App. Ct. 2011). · cites it 2× “A person commits the offense of 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 will. 720 ILCS 5/10-1 (West 2010).”
Show all 161 citing cases →
— 720 ILCS 5/10-2(A)(3) — 1 case
People v. Lewis, 2020 IL App (1st) 170130-U (Ill. App. Ct. 2020).
— 720 ILCS 5/10-2(a) — 9 cases
People v. Harmon, 2013 IL App (2d) 120439 (Ill. App. Ct. 2015).
People v. Buss, 718 N.E.2d 1 (Ill. 1999).
People v. McCarter, 954 N.E.2d 718 (Ill. App. Ct. 2011). “A person commits the offense of 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 will. 720 ILCS 5/10-1 (West 2010).”
People v. Wooden, 2014 IL App (1st) 130907 (Ill. App. Ct. 2014).
People v. Harmon, 2022 IL App (2d) 190931-U (Ill. App. Ct. 2022).
— 720 ILCS 5/10-2(a)(1) — 9 cases
People v. Wilder, 826 N.E.2d 1076 (Ill. App. Ct. 2005). “The Criminal Code of 1961 provides that a defendant commits aggravated kidnaping where he does so for the purpose of obtaining a ransom (720 ILCS 5/10-2(a)(1) (West 2002)); where the victim is under 13 years of age or mentally disabled (720 ILCS 5/10-2(a)(2) (West 2002)); where…”
People v. Thornton, 776 N.E.2d 643 (Ill. App. Ct. 2002).
People v. Mitchell, 2018 IL App (1st) 153355 (Ill. App. Ct. 2019).
People v. Mitchell, 2018 IL App (1st) 153355 (Ill. App. Ct. 2018).
People v. Burns, 2023 IL App (5th) 180241-U (Ill. App. Ct. 2023).
— 720 ILCS 5/10-2(a)(2) — 17 cases
People v. Hall, 841 N.E.2d 913 (Ill. 2005). “720 ILCS 5/10-2(a)(2), 16-1(a)(1)(A) (West 1998); 625 ILCS 5/4-103.”
People v. Reyes, 2020 IL App (2d) 170379 (Ill. App. Ct. 2020).
People v. Beard, 851 N.E.2d 141 (Ill. App. Ct. 2006). “Justice NEVILLE concurring in part and dissenting in part: I concur in that part of the opinion affirming Beard's conviction for aggravated kidnapping (720 ILCS 5/10-2 (West *151 2002)), but I write separately and dissent from that part of the majority's opinion affirming the…”
People v. Wilder, 826 N.E.2d 1076 (Ill. App. Ct. 2005). “The Criminal Code of 1961 provides that a defendant commits aggravated kidnaping where he does so for the purpose of obtaining a ransom (720 ILCS 5/10-2(a)(1) (West 2002)); where the victim is under 13 years of age or mentally disabled (720 ILCS 5/10-2(a)(2) (West 2002)); where…”
People v. Watson, 2025 IL App (1st) 251710-U (Ill. App. Ct. 2025).
— 720 ILCS 5/10-2(a)(3) — 57 cases
People v. House, 2021 IL 125124 (Ill. 2021). “The circuit court sentenced petitioner to a mandatory natural life term for the murder convictions (730 ILCS 5/5-8-1(a)(1)(c)(ii) (West 1992)) and 60 years for each aggravated kidnapping conviction, to run consecutively to the life term (see 720 ILCS 5/10-2(a)(3) (West 1992)).…”
People v. Caffey, 792 N.E.2d 1163 (Ill. 2001). “Defendant was ultimately tried for the intentional and knowing murder of Debra, Samantha, and Joshua (720 ILCS 5/9-1(a)(1), (a)(2) (West 1994)), their felony murder based on the felonies of aggravated kidnapping and armed robbery (720 ILCS 5/9-1(a)(3) (West 1994)), and the…”
People v. McGee, 2015 IL App (1st) 130367 (Ill. App. Ct. 2016).
People v. Williams, 939 N.E.2d 268 (Ill. 2010).
People v. Morris, 807 N.E.2d 377 (Ill. 2004).
— 720 ILCS 5/10-2(a)(4) — 8 cases
People v. Wilder, 826 N.E.2d 1076 (Ill. App. Ct. 2005). “The Criminal Code of 1961 provides that a defendant commits aggravated kidnaping where he does so for the purpose of obtaining a ransom (720 ILCS 5/10-2(a)(1) (West 2002)); where the victim is under 13 years of age or mentally disabled (720 ILCS 5/10-2(a)(2) (West 2002)); where…”
People v. West, 2019 IL App (1st) 162400 (Ill. App. Ct. 2020).
People v. Krigbaum, 2021 IL App (4th) 190890-U (Ill. App. Ct. 2021).
People v. Suarez, 2020 IL App (1st) 171810-U (Ill. App. Ct. 2020).
People v. Reed, 2024 IL App (1st) 210798-U (Ill. App. Ct. 2024).
— 720 ILCS 5/10-2(a)(5) — 21 cases
People v. Johnson, 2020 IL App (1st) 162332 (Ill. App. Ct. 2020).
People v. Washington, 969 N.E.2d 349 (Ill. 2012).
People v. Harris, 2012 IL App (1st) 92251 (Ill. App. Ct. 2012).
People v. Williams, 638 N.E.2d 207 (Ill. App. Ct. 1994).
People v. Wilder, 826 N.E.2d 1076 (Ill. App. Ct. 2005). “The Criminal Code of 1961 provides that a defendant commits aggravated kidnaping where he does so for the purpose of obtaining a ransom (720 ILCS 5/10-2(a)(1) (West 2002)); where the victim is under 13 years of age or mentally disabled (720 ILCS 5/10-2(a)(2) (West 2002)); where…”
— 720 ILCS 5/10-2(a)(6) — 34 cases
People v. Moss, 795 N.E.2d 208 (Ill. 2003). “In the case at bar, defendants were charged with various offenses whose penalties were amended by Public Act 91-404, including attempted first degree murder (720 ILCS 5/8-4, 9-1 (West 2000)), armed robbery (720 ILCS 5/18-2 (West 2000)), aggravated vehicular hijacking (720 ILCS…”
People v. Hunter, 2017 IL 121306 (Ill. 2017). “The charges arose out of an incident the previous month in which Hunter and two unidentified men robbed Steven Maxwell of personal property including his vehicle and kidnapped him, all at gunpoint.”
People v. Jones, 2023 IL App (4th) 230837 (Ill. App. Ct. 2023). “BACKGROUND ¶3 In July 2023, the State charged defendant by information with attempt (armed robbery) (720 ILCS 5/18-2(a)(2) (West 2022)), home invasion (720 ILCS 5/19-6(a)(3), (c) (West 2022)), and aggravated kidnapping (720 ILCS 5/10-2(a)(6), (b) (West 2022)). At a hearing on…”
People v. Hunter, 2016 IL App (1st) 141904 (Ill. App. Ct. 2016).
People v. Charles, 2018 IL App (1st) 153625 (Ill. App. Ct. 2018).
— 720 ILCS 5/10-2(a)(7) — 5 cases
People v. Moss, 795 N.E.2d 208 (Ill. 2003). “In the case at bar, defendants were charged with various offenses whose penalties were amended by Public Act 91-404, including attempted first degree murder (720 ILCS 5/8-4, 9-1 (West 2000)), armed robbery (720 ILCS 5/18-2 (West 2000)), aggravated vehicular hijacking (720 ILCS…”
People v. Wilder, 826 N.E.2d 1076 (Ill. App. Ct. 2005). “The Criminal Code of 1961 provides that a defendant commits aggravated kidnaping where he does so for the purpose of obtaining a ransom (720 ILCS 5/10-2(a)(1) (West 2002)); where the victim is under 13 years of age or mentally disabled (720 ILCS 5/10-2(a)(2) (West 2002)); where…”
People v. Corsby, 2025 IL App (5th) 220539-U (Ill. App. Ct. 2025).
People v. Tolbert (Ill. App. Ct. 2004).
People v. Wilder (Ill. App. Ct. 2005).
— 720 ILCS 5/10-2(a)(8) — 5 cases
People v. Wilder, 826 N.E.2d 1076 (Ill. App. Ct. 2005). “The Criminal Code of 1961 provides that a defendant commits aggravated kidnaping where he does so for the purpose of obtaining a ransom (720 ILCS 5/10-2(a)(1) (West 2002)); where the victim is under 13 years of age or mentally disabled (720 ILCS 5/10-2(a)(2) (West 2002)); where…”
People v. Manning, 2020 IL App (1st) 162506-U (Ill. App. Ct. 2020).
People v. Manning, 2024 IL App (1st) 230882-U (Ill. App. Ct. 2024).
People v. Tolbert (Ill. App. Ct. 2004).
People v. Wilder (Ill. App. Ct. 2005).
— 720 ILCS 5/10-2(b) — 22 cases
People v. Hunter, 2017 IL 121306 (Ill. 2017). “The charges arose out of an incident the previous month in which Hunter and two unidentified men robbed Steven Maxwell of personal property including his vehicle and kidnapped him, all at gunpoint.”
People v. Hatter, 2021 IL 125981 (Ill. 2021). “The aggravated kidnapping charge was a Class X felony (720 ILCS 5/10-2(b) (West 1998)), by far the most serious offense charged.”
People v. Herron, 965 N.E.2d 1263 (Ill. App. Ct. 2012). “The offense of aggravated kidnapping under section 10-2(a)(6) of the Code (720 ILCS 5/10-2(a)(6) (West 2006)) requires that the defendant kidnap a person while armed with a firearm.”
People v. Towns, 2020 IL App (1st) 171145 (Ill. App. Ct. 2020).
In Re Phillip C., 847 N.E.2d 801 (Ill. App. Ct. 2006).
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