ILCS » Chapter 720 · Act 5

720 ILCS 5/10-5

Child abduction

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(720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
    Sec. 10-5. Child abduction.
    (a) For purposes of this Section, the following terms have the following meanings:
        (1) "Child" means a person who, at the time the
    
alleged violation occurred, was under the age of 18 or was a person with a severe or profound intellectual disability.
        (2) "Detains" means taking or retaining physical
    
custody of a child, whether or not the child resists or objects.
        (2.1) "Express consent" means oral or written
    
permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.
        (2.2) "Luring" means any knowing act to solicit,
    
entice, tempt, or attempt to attract the minor.
        (3) "Lawful custodian" means a person or persons
    
granted legal custody of a child or entitled to physical possession of a child pursuant to a court order. It is presumed that, when the parties have never been married to each other, the mother has legal custody of the child unless a valid court order states otherwise. If an adjudication of paternity has been completed and the father has been assigned support obligations or visitation rights, such a paternity order should, for the purposes of this Section, be considered a valid court order granting custody to the mother.
        (4) "Putative father" means a man who has a
    
reasonable belief that he is the father of a child born of a woman who is not his wife.
        (5) "Unlawful purpose" means any misdemeanor or
    
felony violation of State law or a similar federal or sister state law or local ordinance.
    (b) A person commits the offense of child abduction when he or she does any one of the following:
        (1) Intentionally violates any terms of a valid court
    
order granting sole or joint custody, care, or possession to another by concealing or detaining the child or removing the child from the jurisdiction of the court.
        (2) Intentionally violates a court order prohibiting
    
the person from concealing or detaining the child or removing the child from the jurisdiction of the court.
        (3) Intentionally conceals, detains, or removes the
    
child without the consent of the mother or lawful custodian of the child if the person is a putative father and either: (A) the paternity of the child has not been legally established or (B) the paternity of the child has been legally established but no orders relating to custody have been entered. Notwithstanding the presumption created by paragraph (3) of subsection (a), however, a mother commits child abduction when she intentionally conceals or removes a child, whom she has abandoned or relinquished custody of, from an unadjudicated father who has provided sole ongoing care and custody of the child in her absence.
        (4) Intentionally conceals or removes the child from
    
a parent after filing a petition or being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody.
        (5) At the expiration of visitation rights outside
    
the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois.
        (6) Being a parent of the child, and if the parents
    
of that child are or have been married and there has been no court order of custody, knowingly conceals the child for 15 days, and fails to make reasonable attempts within the 15-day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact the child, or to arrange reasonable visitation or contact with the child. It is not a violation of this Section for a person fleeing domestic violence to take the child with him or her to housing provided by a domestic violence program.
        (7) Being a parent of the child, and if the parents
    
of the child are or have been married and there has been no court order of custody, knowingly conceals, detains, or removes the child with physical force or threat of physical force.
        (8) Knowingly conceals, detains, or removes the child
    
for payment or promise of payment at the instruction of a person who has no legal right to custody.
        (9) Knowingly retains in this State for 30 days a
    
child removed from another state without the consent of the lawful custodian or in violation of a valid court order of custody.
        (10) Intentionally lures or attempts to lure a child:
    
(A) under the age of 17 or (B) while traveling to or from a primary or secondary school into a motor vehicle, building, housetrailer, or dwelling place without the consent of the child's parent or lawful custodian for other than a lawful purpose. For the purposes of this item (10), the trier of fact may infer that luring or attempted luring of a child under the age of 17 into a motor vehicle, building, housetrailer, or dwelling place without the express consent of the child's parent or lawful custodian or with the intent to avoid the express consent of the child's parent or lawful custodian was for other than a lawful purpose.
        (11) With the intent to obstruct or prevent efforts
    
to locate the child victim of a child abduction, knowingly destroys, alters, conceals, or disguises physical evidence or furnishes false information.
    (c) It is an affirmative defense to subsections (b)(1) through (b)(10) of this Section that:
        (1) the person had custody of the child pursuant to a
    
court order granting legal custody or visitation rights that existed at the time of the alleged violation;
        (2) the person had physical custody of the child
    
pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified and disclosed to the other parent or legal custodian the specific whereabouts of the child and a means by which the child could be contacted or made a reasonable attempt to notify the other parent or lawful custodian of the child of those circumstances and made the disclosure within 24 hours after the visitation period had expired and returned the child as soon as possible;
        (3) the person was fleeing an incidence or pattern of
    
domestic violence; or
        (4) the person lured or attempted to lure a child
    
under the age of 17 into a motor vehicle, building, housetrailer, or dwelling place for a lawful purpose in prosecutions under paragraph (10) of subsection (b).
    (d) A person convicted of child abduction under this Section is guilty of a Class 4 felony. A person convicted of child abduction under subsection (b)(10) shall undergo a sex offender evaluation prior to a sentence being imposed. A person convicted of a second or subsequent violation of paragraph (10) of subsection (b) of this Section is guilty of a Class 3 felony. A person convicted of child abduction under subsection (b)(10) when the person has a prior conviction of a sex offense as defined in the Sex Offender Registration Act or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense is guilty of a Class 2 felony. It is a factor in aggravation under subsections (b)(1) through (b)(10) of this Section for which a court may impose a more severe sentence under Section 5-8-1
Notes of Decisions
Cited in 35 cases (9 in the last 5 years), 2002–2025 · leading case: People v. Arthur H.
Sort: Relevance Newest Treatment
People v. Arthur H. (2004) ill “, 720 ILCS 5/10-5(a)(3) (West 2000) (for purposes of statute on child abduction, it is "presumed that, when the parties have never been married to each other, the *757 mother has legal custody of the child unless a valid court order states otherwise"); see also 750 ILCS…”
People v. Velez (2012) illappct · cites it 3× “720 ILCS 5/10-5(b)(10) (West 2008). The phrase “other than a lawful purpose” in the child abduction statute implies actions which violate the Criminal Code of 1961 (720 ILCS 5/1-1 et seq.”
People v. Comage (2011) ill “The defendant in that case argued that he had not "concealed" his daughter from his *325 spouse for 15 days—as required by the child abduction statute (720 ILCS 5/10-5(b)(6) (West 2000))—because his wife was able to discover the daughter's location from other sources.”
People v. Leib (2022) ill “¶ 13 Following Officer McGreal’s testimony, the parties stipulated that defendant was convicted in 2007 of child abduction pursuant to section 10-5(b)(10) of the Code (720 ILCS 5/10-5(b)(10) (West 2006)), for attempting to lure a child under the age of 16 years into a vehicle…”
People v. Williams (2013) illappct · cites it 4× “OPINION ¶1 Following a June 2011 trial, a jury convicted defendant, Michael Williams, of one count of child abduction (720 ILCS 5/10-5(b)(10) (West 2010)). In July 2011, defendant filed a motion for judgment of acquittal or, in the alternative, motion for a new trial, asserting…”
People v. Harding (2010) illappct · cites it 2× “Harding was charged with three counts of child abduction under section 10-5(b)(10) of the Criminal Code of 1961 (720 ILCS 5/10-5(b)(10) (West 2002)), which provided that the offense is committed when a person "[i]ntentionally lures or attempts to lure a child under the age of 16…”
United States v. Alfredo Martinez-Jimenez (2002) ca7 “720 ILCS 5/10-5(10). Martinez-Jimenez pled guilty and was convicted for attempting to lure a child into a motor vehicle for an unlawful purpose.”
People v. Woodrum (2004) illappct · cites it 2× “For the purposes of this subsection (b), paragraph (10), the luring or attempted luring of a child under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the parent or lawful custodian of the child shall be prima facie evidence…”
People v. Olsen (2009) illappct “2d 259 , quoting 720 ILCS 5/10-5(b)(10) (West 1998))), defendant here urges only that the regulation cannot be afforded the power to create a mandatory evidentiary presumption.”
People v. Sweigart (2021) illappct “In 2011, defendant was convicted of child abduction (720 ILCS 5/10-5(b)(10) (West 2008)). As a result, he was required to register pursuant to the Act as a “violent offender against youth.”
People v. Brennan (2023) illappct · cites it 2× “Count 1 charged him with violating the terms of the June 4, 2020, court order by concealing or detaining the children in violation of section 10-5(b)(1) of the Code (720 ILCS 5/10-5(b)(1) (West 2018)). The other two counts charged that, as of June 5, 2020 (count II) and July 14,…”
People v. Cole (2017) illappct · cites it 3× “See 720 ILCS 5/10-5(a)(2.1) - 11 - 2017 IL App (2d) 160334 (West 2014) (“express consent” means “oral or written permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning”).”
Show all 35 citing cases →
— 720 ILCS 5/10-5(10) — 2 cases
United States v. Alfredo Martinez-Jimenez (2002) ca7 “720 ILCS 5/10-5(10). Martinez-Jimenez pled guilty and was convicted for attempting to lure a child into a motor vehicle for an unlawful purpose.”
United States v. Martinez-Jimenez, Al (2002) ca7
— 720 ILCS 5/10-5(a) — 3 cases
People v. Cole (2017) illappct “See 720 ILCS 5/10-5(a)(2.1) - 11 - 2017 IL App (2d) 160334 (West 2014) (“express consent” means “oral or written permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning”).”
People v. Trotter (2014) illappct
People v.Wunderich (2022) illappct
— 720 ILCS 5/10-5(a)(3) — 3 cases
People v. Arthur H. (2004) ill “, 720 ILCS 5/10-5(a)(3) (West 2000) (for purposes of statute on child abduction, it is "presumed that, when the parties have never been married to each other, the *757 mother has legal custody of the child unless a valid court order states otherwise"); see also 750 ILCS…”
People v. Cichocki (2023) illappct
In Re As (2009) illappct
— 720 ILCS 5/10-5(b)(1) — 3 cases
People v. Brennan (2023) illappct “Count 1 charged him with violating the terms of the June 4, 2020, court order by concealing or detaining the children in violation of section 10-5(b)(1) of the Code (720 ILCS 5/10-5(b)(1) (West 2018)). The other two counts charged that, as of June 5, 2020 (count II) and July 14,…”
People v. Brennan (2023) illappct
People v. Magana-Ortiz (2019) illappct
— 720 ILCS 5/10-5(b)(10) — 20 cases
People v. Velez (2012) illappct “720 ILCS 5/10-5(b)(10) (West 2008). The phrase “other than a lawful purpose” in the child abduction statute implies actions which violate the Criminal Code of 1961 (720 ILCS 5/1-1 et seq.”
People v. Leib (2022) ill “¶ 13 Following Officer McGreal’s testimony, the parties stipulated that defendant was convicted in 2007 of child abduction pursuant to section 10-5(b)(10) of the Code (720 ILCS 5/10-5(b)(10) (West 2006)), for attempting to lure a child under the age of 16 years into a vehicle…”
People v. Williams (2013) illappct “OPINION ¶1 Following a June 2011 trial, a jury convicted defendant, Michael Williams, of one count of child abduction (720 ILCS 5/10-5(b)(10) (West 2010)). In July 2011, defendant filed a motion for judgment of acquittal or, in the alternative, motion for a new trial, asserting…”
People v. Harding (2010) illappct “Harding was charged with three counts of child abduction under section 10-5(b)(10) of the Criminal Code of 1961 (720 ILCS 5/10-5(b)(10) (West 2002)), which provided that the offense is committed when a person "[i]ntentionally lures or attempts to lure a child under the age of 16…”
People v. Olsen (2009) illappct “2d 259 , quoting 720 ILCS 5/10-5(b)(10) (West 1998))), defendant here urges only that the regulation cannot be afforded the power to create a mandatory evidentiary presumption.”
— 720 ILCS 5/10-5(b)(10)(A) — 1 case
People v.Wunderich (2022) illappct
— 720 ILCS 5/10-5(b)(3) — 2 cases
People v. Cole (2017) illappct “See 720 ILCS 5/10-5(a)(2.1) - 11 - 2017 IL App (2d) 160334 (West 2014) (“express consent” means “oral or written permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning”).”
People v. Cole (2017) illappct
— 720 ILCS 5/10-5(b)(3)(B) — 2 cases
People v. Cole (2017) illappct “See 720 ILCS 5/10-5(a)(2.1) - 11 - 2017 IL App (2d) 160334 (West 2014) (“express consent” means “oral or written permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning”).”
People v. Cole (2017) illappct
— 720 ILCS 5/10-5(b)(3)(a) — 1 case
People v. Cichocki (2023) illappct
— 720 ILCS 5/10-5(b)(6) — 2 cases
People v. Comage (2011) ill “The defendant in that case argued that he had not "concealed" his daughter from his *325 spouse for 15 days—as required by the child abduction statute (720 ILCS 5/10-5(b)(6) (West 2000))—because his wife was able to discover the daughter's location from other sources.”
People v. Manning (2002) illappct
— 720 ILCS 5/10-5(c)(4) — 2 cases
People v. Woodrum (2004) illappct “For the purposes of this subsection (b), paragraph (10), the luring or attempted luring of a child under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the parent or lawful custodian of the child shall be prima facie evidence…”
People v. Woodrum (2004) illappct
— 720 ILCS 5/10-5(d) — 1 case
People v. George (2002) illappct
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