Last week a man from southern Illinois was jailed on serious felony crimes stemming from sexual abuse of an unnamed victim. Wgem.com reports that the exact details of 46-year-old Ronald Nolan’s crimes have not yet been released, but he has been charged with multiple serious offenses, including aggravated criminal sexual abuse, unlawful restraint, and kidnapping.
Mr. Nolan had been in a position of public authority, having been elected as a Murphysboro alderman last April. According to the report, he is now in jail in Jackson County on a $100,000 bond. Mr. Nolan’s bond was originally set at $250,000, but his criminal defense attorney argued for a reduction based on Mr. Nolan’s lack of criminal history and the low-risk that he would flee Illinois. However, prosecutors believe that the charges are very serious and worry that Mr. Nolan will flee because he has connections to both Oklahoma and Texas, where he resided before returning to Illinois in 2009. Mr. Nolan’s case is still pending, and he has pleaded not guilty to the charges against him.
The crime of unlawful restraint and the crime of kidnapping may seem similar, but they actually have different elements that the prosecution must prove in order to obtain a conviction. It is important for Illinois residents to understand the difference between these two crimes.
Illinois Law
Under Illinois criminal law 720 ILCS 5/10-3, unlawful restraint is committed when a person detains another person without any legal authority. This means that the offender holds the victim without his or her consent, and without any legal authorization to do so. The crime of unlawful restraint is a Class 4 felony. Aggravated unlawful restraint is unlawful restraint committed with a deadly weapon. The charges are increased for the use of the weapon to a Class 3 felony under 720 ILCS 5/10-3.1.
Kidnapping, on the other hand, requires that the offender secretly confined the victim by either force or luring, and the action of moving the victim from one place to another against the victim’s will. Additionally, under the Illinois kidnapping statute, 720 ILCS 5/9-3.5, the confinement of a child under 13-years-old, or of a disabled person, is also considered to be kidnapping if the offender did not have the consent of the child or disabled person’s parent or legal guardian. Kidnapping is a Class 2 felony, which means that it may bring with it more severe penalties and consequences and a lengthier jail sentence than a conviction on unlawful restraint.
Under Illinois sentencing guidelines, A Class 2 felony conviction is generally punishable by between 3 and 7 years in prison and a fine of up to $25,000. A Class 3 felony is generally punishable by a term of imprisonment between 2 and 5 years, and a $25,000 fine. Class 4 felonies are punishable by 1 to three years in prison and a fine of up to $25,000.
If you have been charged with violating Illinois criminal laws you should immediately seek out the assistance of an experienced criminal defense attorney. Contact an attorney at Goldman & Associates today for a confidential consultation.
