720 ILCS 5/10-5
2021 Illinois Compiled Statutes|Chapter 720 - CRIMINAL OFFENSES|720 ILCS 5/ - Criminal Code of 2012.|Title III - Specific Offenses

 (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