Anti-Defamation League of B'nai B'rith Model Hate Crime Law
A person commits the cimre of intimidation if, by reason of the actual
or perceived race, color, religion, national originm or sexual orientation
of another individual or group of individuals, he violates Section _____
of the Penal Code (insert provision for criminal trespass, criminal mischief,
harassment, menacing, assault and/or other appropriate statutorily proscribed
Intimidation is a ___ misdemeanor/felony (the degree of liability should be a least one degree more serious than tha imposed for commission of the offense).
Anti-Defamation League of B'nai B'rith Model Institutional Vandalism Statute
A person commits the crime of institutional vandalism by knowingly vandalizing,
defacing or otherwise damaging:
i. Any church, synagogue, or other building, structure or place used for religious worship or other religious purposes;
ii. Any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead;
iii. Any school, education facility or community center:
iv. The grounds adjacent to, and owned or rented by any institution, facility, building, structure or place described in subsections (i), (ii), or (iii) above.
Illinois Criminal Code
§ 12-7.1. Ethnic Intimidation [old].
(a) A person commits ethnic intimidation when, by reason of the race,
color, creed, religion or national origin of another individual or group
of individuals, he commits assault, criminal trespass to residence, criminal
trespass to real property or mob action as these crimes are defined in
. . . this Code . . . .
(b) Ethnic intimidation is a Class A misdemeanor; provided, however, that any person who commits ethnic intimidation as a participant in a mob action, as defined in Section 25-1 of this Code, which results in the violent infliction of injury to the person or property of another shall be guilty of a Class 3 felony.
§ 12-7.1. Hate crime [new].
(a) A person commits hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, he commits assault, battery, aggravated assault, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action or disorderly conduct as these crimes are defined in . . . this Code . . . , or harassment by telephone as defined in Section 1-1 of the Harassing and Obscene Communications Act against a victim who is: (i) the other individual; (ii) a member of the group of individuals; (iii) a person who has an association with, is married to, or has a friendship with the other individual or a member of the group of individuals; or (iv) a relative (by blood or marriage) of a person described in clause (i), (ii), or (iii).
(b) Hate crime is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense. Any order of probation or conditional discharge entered following a conviction for an offense under this Section shall include, a condition that the offender perform public or community service of no less than 200 hours if that service is established in the county where the offender was convicted of hate crime. In addition the court may impose any other condition of probation or conditional discharge under this Section.
(c) Independent of any criminal prosecution or the result thereof, any person suffering injury to his person or damage to his property as a result of hate crime may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, or punitive damages. A judgment may include attorney's fees and costs. The parents or legal guardians, other than guardians appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987, of an unemancipated minor shall be liable for the amount of any judgment for actual damages rendered against such minor under this subsection (c) in any amount not exceeding the amount provided under Section 5 of the Parental Responsibility Law.
(d) "Sexual orientation" means heterosexuality, homosexuality, or bisexuality.
In re B.C. et al., Minors, 176 Ill. 2d 536 (1997)
Wisconsin v. Mitchell, 508 U.S. 476 (1993)
State v. Wyant, 64 Ohio St. 3d 566 (1992), vacated and remanded, 508 U.S. 969 (1993), rev'd, 68 Ohio St. 3d 162 (1994)