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Illinois Criminal Code of 1961

Article 10: Unlawful Restraint and Forcible Detention

Unlawful restraint and forcible detention are two additional crimes similar to kidnapping. Unlawful restraint can be prosecuted when a person knowingly and without legal authority detains another person. In a more serious scenario, a person commits the offense of forcible detention when he holds a peace officer or correctional employee hostage for the purpose of obtaining something, with use of a deadly weapon. Unlawful restraint carries a Class 2 felony status, while forcible detention carries a Class 4 felony status. Both can result in substantial prison sentences if a defendant does not seek assistance from an experienced Illinois criminal defense lawyer.

Need an Illinois criminal defense attorney? If you've been charged with a kidnaping crime in Illinois, call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case.

The text below comes from Article 10 of the Illinois Criminal Code of 1961. This law may have changed -- please read the important legal disclaimer at the bottom of this page.

Illinois Criminal Code of 1961 - Article 10

Sec. 10-3. Unlawful restraint.
    (720 ILCS 5/10-3)

(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.)

Sec. 10-3.1. Aggravated unlawful restraint.
    (720 ILCS 5/10-3.1)

(a) A person commits the offense of aggravated unlawful restraint when he or she commits unlawful restraint while using a deadly weapon.

(b) Sentence. Aggravated unlawful restraint is a Class 3 felony. (Source: P.A. 96-710, eff. 1-1-10.)

Sec. 10-4. Forcible Detention.) (a) A person commits the offense of forcible detention when he holds an individual hostage without lawful authority for the purpose of obtaining performance by a third person of demands made by the person holding the hostage, and
    (720 ILCS 5/10-4)

(1) the person holding the hostage is armed with a dangerous weapon as defined in Section 33A-1 of this Code, or

(2) the hostage is known to the person holding him to be a peace officer or a correctional employee engaged in the performance of his official duties.

(b) Forcible detention is a Class 2 felony. (Source: P.A. 79-941.)

   Return to Illinois Criminal Code of 1961 Table of Contents

DISCLAIMER: These excerpts from the law are provided for reference purposes only. Visitors to our Chicago criminal defense lawyer website should be aware that Illinois criminal laws have been amended many times and that Illinois crime laws posted on this site may not be current. In addition, Illinois criminal case law defines precedents for legal determinations that are not defined in the original laws.

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