In What Circumstances Can a Separate Kidnaping Conviction Be Sustained ?
In Illinois, where the detention or asportation of a victim is incidental to another offense, a separate conviction for kidnaping cannot be sustained unless four factors weigh in favor of a guilty finding. People v. Lamkey, 240 Ill. App. 3d 435, 439-40, 608 N.E.2d 406, 181 Ill. Dec. 333 (1992).
The factors courts consider to determine whether a detention or asportation amounted to a kidnaping are:
(1) the duration of the detention or asportation;
(2) whether the detention or asportation occurred during the commission of a separate offense;
(3) whether the detention or asportation was inherent in the separate offense;
(4) whether the asportation or detention created a significant danger to the victim independent of that posed by the separate offense. Lamkey, 240 Ill. App. 3d at 439-40.