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Illinois law addresses a specific type of robbery in this section: robbery of a motor vehicle. There are two major crimes of this nature. Firstly, a person commits the crime of vehicular hijacking if he takes a motor vehicle from another person by use of force or by threatening to use force. If certain aggravating circumstances were present during the crime, the defendant could find himself convicted of the more serious crime of aggravated vehicular hijacking. Examples of aggravating circumstances include discharging a firearm while committing the robbery, robbing a physically handicapped person, or hijacking a vehicle that contains children. While general vehicular hijacking carries a Class 1 felony status, aggravated vehicular hijacking carries a more serious Class X felony status.
Need an Illinois criminal defense attorney? If you've been charged with vehicular hijacking in Illinois, call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case.
The text below comes from Article 18 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 18
Sec. 18-3. Vehicular hijacking.
(720 ILCS 5/18-3)
(a) A person commits vehicular hijacking when he or she takes a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force.
(b) For the purposes of this Article, the term "motor vehicle" shall have the meaning ascribed to it in the Illinois Vehicle Code.
(c) Sentence. Vehicular hijacking is a Class 1 felony. (Source: P.A. 88-351; 88-670, eff. 12-2-94.)
Sec. 18-4. Aggravated vehicular hijacking.
(720 ILCS 5/18-4)
(a) A person commits aggravated vehicular hijacking when he or she violates Section 18-3; and
(1) the person from whose immediate presence the motor vehicle is taken is a physically handicapped person or a person 60 years of age or over; or
(2) a person under 16 years of age is a passenger in the motor vehicle at the time of the offense; or
(3) he or she carries on or about his or her person, or is otherwise armed with a dangerous weapon, other than a firearm; or
(4) he or she carries on or about his or her person or is otherwise armed with a firearm; or
(5) he or she, during the commission of the offense, personally discharges a firearm; or
(6) he or she, during the commission of the offense, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
(b) Sentence. Aggravated vehicular hijacking in violation of subsections (a)(1) or (a)(2) is a Class X felony. Aggravated vehicular hijacking in violation of subsection (a)(3) is a Class X felony for which a term of imprisonment of not less than 7 years shall be imposed. Aggravated vehicular hijacking in violation of subsection (a)(4) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. Aggravated vehicular hijacking in violation of subsection (a)(5) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. Aggravated vehicular hijacking in violation of subsection (a)(6) 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. (Source: P.A. 91-404, eff. 1-1-00.)
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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