ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/10-3 (2026)

Unlawful restraint

✓ current as of May 2026
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(720 ILCS 5/10-3) (from Ch. 38, par. 10-3)
    Sec. 10-3. Unlawful restraint.
    (a) A person commits the offense of unlawful restraint when he or she knowingly without legal authority detains another.
    (b) Sentence. Unlawful restraint is a Class 4 felony.
(Source: P.A. 96-710, eff. 1-1-10.)

    
Notes of Decisions
Cited in 124 cases (43 in the last 5 years), 1998–2026 · leading case: People v. Johnson, 2021 IL 125738 (Ill. 2021).
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People v. Johnson, 2021 IL 125738 (Ill. 2021). · cites it 2× “(West 2016)), seeking relief from his conviction of unlawful restraint (see 720 ILCS 5/10-3 (West 2006)). By the time defendant filed his petition, he had discharged his sentence for unlawful restraint, but he was in prison for failing to register as required by the Child…”
People v. Harvey, 813 N.E.2d 181 (Ill. 2004). “1 (West 1996)), aggravated battery (720 ILCS 5/12-4(b)(8) (West 1996)), intimidation (720 ILCS 5/12-6(a)(1) *188 (West 1996)), and unlawful restraint (720 ILCS 5/10-3 (West 1996)). The alleged victim, Melissa McMullen, testified as follows.”
People v. Guja, 2016 IL App (1st) 140046 (Ill. App. Ct. 2016). “2(a)(1) (West 2010)), and unlawful restraint (720 ILCS 5/10-3(a) (West 2010)). ¶5 On September 13, 2012, the State filed a motion for pretrial discovery requesting in part written notice of any defenses defendant intended to assert at trial.”
People v. Arze, 2016 IL App (1st) 131959 (Ill. App. Ct. 2016). “) and one count of unlawful restraint (720 ILCS 5/10-3 (West 2004)) for the March 24, 2005, sexual assault of a woman named M.”
People v. Meeks, 2016 IL App (2d) 140509 (Ill. App. Ct. 2016). “(West 2010)) for relief from convictions of a single count each of home invasion (720 ILCS 5/12-11(a)(2) (West 2008)) and unlawful restraint (720 ILCS 5/10-3(a) (West 2008)). In his petition, defendant claimed, inter alia, that, because the attorney representing him in his…”
People v. Cardona, 2013 IL 114076 (Ill. 2013). “¶2 BACKGROUND ¶3 Defendant was charged by indictment with one count of indecent solicitation of a child (720 ILCS 5/11-6(a) (West 2008)) and one count of unlawful restraint (720 ILCS 5/10-3(a) (West 2008)). Shortly thereafter, the trial court ordered an evaluation of defendant’s…”
People v. Rogers, 2014 IL App (4th) 121088 (Ill. App. Ct. 2014). · cites it 2× “The circuit clerk issued various assessments. Defendant appeals, arguing (1) the trial court abused its discretion by admitting evidence of uncharged crimes; and (2) the clerk of the circuit court improperly assessed fines against him.”
People v. Burgess, 2015 IL App (1st) 130657 (Ill. App. Ct. 2015). “" 720 ILCS 5/10-3 (West 2010). While defendant maintains that unlawful restraint is a lesser included offense of criminal sexual assault, Illinois courts have held "[u]nlawful restraint is not necessarily a lesser included offense of criminal sexual assault.”
People v. McCoy, 799 N.E.2d 269 (Ill. 2003). “We lastly note that had defendant been found guilty of unlawful restraint, a Class 4 felony (720 ILCS 5/10-3 (West 2002)), the trial judge could have sentenced defendant to a maximum of six years if the trial judge found aggravating factors to be present.”
People v. Wynn, 2013 IL App (2d) 120575 (Ill. App. Ct. 2014). “3(a-5) (West 2010)), four counts of domestic battery (enhanced), obstructing justice (720 ILCS 5/31-4(a) (West 2010)), and unlawful restraint (720 ILCS 5/10-3(a) (West 2010)). Pursuant to a plea agreement, defendant pleaded guilty to one count of domestic battery (enhanced) in…”
People v. Law, 782 N.E.2d 247 (Ill. 2002). “" 720 ILCS 5/10-3(a) (West 2000). Thus, as the circuit court below noted, a residential occupant who physically detained an intoxicated minor could be criminally culpable for unlawful restraint, which is a Class 4 felony.”
People v. Harris, 853 N.E.2d 912 (Ill. App. Ct. 2006). “BACKGROUND On June 16, 1999, a jury found defendant guilty of two counts of criminal sexual assault (720 ILCS 5/12-13(a)(1) (West 1998)) and one count of unlawful restraint (720 ILCS 5/10-3(a) (West 1998)). Criminal *914 sexual assault is a Class 1 felony, punishable by 4 to 15…”
Show all 124 citing cases →
— 720 ILCS 5/10-3(a) — 80 cases
People v. Guja, 2016 IL App (1st) 140046 (Ill. App. Ct. 2016). “2(a)(1) (West 2010)), and unlawful restraint (720 ILCS 5/10-3(a) (West 2010)). ¶5 On September 13, 2012, the State filed a motion for pretrial discovery requesting in part written notice of any defenses defendant intended to assert at trial.”
People v. Meeks, 2016 IL App (2d) 140509 (Ill. App. Ct. 2016). “(West 2010)) for relief from convictions of a single count each of home invasion (720 ILCS 5/12-11(a)(2) (West 2008)) and unlawful restraint (720 ILCS 5/10-3(a) (West 2008)). In his petition, defendant claimed, inter alia, that, because the attorney representing him in his…”
People v. Cardona, 2013 IL 114076 (Ill. 2013). “¶2 BACKGROUND ¶3 Defendant was charged by indictment with one count of indecent solicitation of a child (720 ILCS 5/11-6(a) (West 2008)) and one count of unlawful restraint (720 ILCS 5/10-3(a) (West 2008)). Shortly thereafter, the trial court ordered an evaluation of defendant’s…”
People v. Wynn, 2013 IL App (2d) 120575 (Ill. App. Ct. 2014). “3(a-5) (West 2010)), four counts of domestic battery (enhanced), obstructing justice (720 ILCS 5/31-4(a) (West 2010)), and unlawful restraint (720 ILCS 5/10-3(a) (West 2010)). Pursuant to a plea agreement, defendant pleaded guilty to one count of domestic battery (enhanced) in…”
People v. Law, 782 N.E.2d 247 (Ill. 2002). “" 720 ILCS 5/10-3(a) (West 2000). Thus, as the circuit court below noted, a residential occupant who physically detained an intoxicated minor could be criminally culpable for unlawful restraint, which is a Class 4 felony.”
— 720 ILCS 5/10-3(b) — 4 cases
People v. Boone, 2021 IL App (2d) 200085-U (Ill. App. Ct. 2021).
People v. Thongjareon, 2024 IL App (2d) 230342-U (Ill. App. Ct. 2024).
People v. Beck, 2024 IL App (4th) 240133-U (Ill. App. Ct. 2024).
People v. Martino, 2012 IL App (1st) 101244 (Ill. App. Ct. 2012).
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