Any one having a person in his or her custody, or under his or her restraint, power or control, for whose relief an order of habeas corpus is entered, who, with intent to avoid the effect of such order, transfers such person to the custody or places him or her under the control of another, or conceals him or her, or changes the place of his or her confinement, with intent to avoid the operation of such order, or with intent to remove him or her out of the State, shall, for every such offense, be guilty of a Class 4 felony. In any prosecution for the penalty incurred under this Section it shall not be necessary to show that the order of habeas corpus had been entered at the time of the removal, transfer or concealment therein mentioned, if it is proven that the acts therein forbidden were done with the intent to avoid the operation of such order.
10-132.Avoidance of order - Punishment.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-132 makes it a Class 4 felony for a custodian to transfer, conceal, or relocate a person with intent to dodge a habeas corpus order, and a prosecutor need not prove the order had already issued at the time, only that the acts were done with intent to avoid its operation.
Full Text of 735 ILCS 5/10-132
Plain-English Summary
Section 10-132 targets deliberate efforts to defeat a habeas corpus order. It reaches anyone having a person in custody, or under that person's restraint, power, or control, for whose relief a habeas corpus order has been entered. If that custodian, with intent to avoid the effect of the order, transfers the person to another's custody or control, conceals the person, or changes the place of confinement with intent to avoid the order's operation or to remove the person out of the State, the custodian is guilty of a Class 4 felony for every such offense.
The section addresses a proof issue that could otherwise let a custodian escape liability on a technicality: in prosecuting this offense, it isn't necessary to show that the habeas corpus order had already been entered at the time of the removal, transfer, or concealment, so long as it's proven that the forbidden acts were done with intent to avoid the operation of such an order. Intent, not the precise timing of the order's entry, is what the statute focuses on.
Frequently Asked Questions
What conduct does Section 10-132 criminalize?
Transferring custody, concealing the person, or changing the place of confinement, done with intent to avoid the effect of a habeas corpus order, or with intent to remove the person from the state.
What is the classification of this offense?
A Class 4 felony for every such offense.
Must the habeas corpus order have already been entered when the acts occurred?
No. The statute states it isn't necessary to show the order had been entered at the time, so long as the acts were done with intent to avoid its operation.
Who can commit this offense?
Anyone having the person in custody, or under that person's restraint, power, or control, for whose relief the order was entered.
Does moving a confined person's location on its own always violate Section 10-132?
Only when done with the intent the statute describes — to avoid the effect or operation of the order, or to remove the person from the state.
Amendment History
(Source: P.A. 83-707.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: felony for hiding prisoner from habeas corpus illinoisavoiding habeas corpus order illinois penaltyclass 4 felony habeas corpus illinois