What Are the Differences Between Kidnapping and Abduction?

 Posted on May 30, 2025 in Criminal Defense

Although the terms "kidnapping" and "abduction" are often used interchangeably, legally speaking, they can be two different, distinct criminal offenses in some states. Both crimes are serious felonies. Kidnapping is the forcible stealing or carrying away of a person by force, threat, deceit, or with intent to cause the kidnapped person harm.

Abduction involves persuading a person to come with you (usually a child that is known to the abductor), taking a person by fraud, or taking a person by open force or violence. Both terms refer to the unlawful detainment or taking of one person by another. The term abduction is usually used in reference to a family relationship, such as when one parent abducts his or her child from the other parent.

Kidnapping is more often used to describe a person taking a stranger against that person’s will and with no lawful authority. In the state of Illinois, kidnapping and abduction are separate crimes. The Illinois kidnapping statute is found at 720 ILCS 5/10-1 in the Criminal Code, while the abduction statute is found at 720 ILCS 5/10-5 in the Criminal Code.

If you have been charged with either kidnapping or abduction, you should be aware that the penalties are harsh. It is definitely in your best interests to speak to an experienced Will County, IL criminal defense lawyer who will ensure you receive an aggressive defense while protecting your rights.

The Crime of Kidnapping in Illinois

A person commits the offense of kidnapping when he or she knowingly and in secret confines another person against his or her will through the use of force or the threat of imminent force. Kidnapping in this state can have some of the strictest penalties, including life imprisonment.

Kidnapping is a Class 2 felony offense with penalties that include between three and seven years in prison plus up to two years of mandatory supervised release. The judge can also impose a sentence of up to four years' probation or conditional release, or periodic imprisonment of between 18 and 30 months.   

Aggravated kidnapping can be charged when the kidnapper intends to obtain ransom, takes a child, inflicts great bodily harm on the victim, commits another felony on the victim, is armed with a dangerous weapon, discharges a firearm during the kidnapping, or wears a hood, robe, or mask to conceal his or her identity.

Aggravated kidnapping is a Class X offense, with penalties from six to 30 years in prison plus three years of mandatory supervised release. A Class X felony does not allow periodic imprisonment, conditional release, or probation.

The Crime of Child Abduction in Illinois

Child abduction is a Class 4 felony in the state, usually (but not always) involving a non-custodial parent.  If a parent knowingly conceals a child for 15 days and fails to make reasonable attempts within this time period to notify the other parent, he or she can be charged with child abduction. Aggravated child abduction can be charged if the child is abused or neglected following the abduction or if:

• The defendant inflicted or threatened to inflict physical harm on the lawful custodian of the child or the child.
• The defendant demanded payment in exchange for the return of the child.
• The defendant has a prior conviction for child abduction.
• The defendant committed the abduction while armed with a deadly weapon.
• The defendant committed the abduction on school grounds.

A Class 4 felony for child abduction can result in one to four years in prison, while a conviction for aggravated child abduction can result in a more severe penalty.

Contact a Will County, IL Criminal Defense Lawyer

If you are facing kidnapping or child abduction charges, speaking to a knowledgeable Will County criminal defense attorney from Law Offices of Jack L. Zaremba, P.C. can be extremely helpful. Obtaining legal representation from an aggressive criminal defense attorney who will advocate for your rights and your future can often change the outcome of criminal charges. To schedule your free consultation, call 815-740-4025.