Under the Illinois Hate Crime Act, a person commits a hate crime when s/he commits a crime by reason of the actual or perceived:
- race,
- religion,
- national origin,
- sexual orientation,
- physical or mental disability, or
- gender
of another individual or group of individuals.
The following predicate offenses are most commonly charged as hate crime:
- assault and aggravated assault (for example, threats, threats with a weapon),
- battery (for example, physical attack),
- criminal damage to property, and/or
- telephone harassment.
Of course, more violent crimes or felonies also may be bias motivated such as:
- arson,
- criminal sexual assault, and/or
- murder.
What determines if a crime is bias motivated?
- language or symbols (for example, slurs)
- severity of attack
- previous incidents in same area or by same offender
- lack of provocation by victim
- absence of other motives (for example, money)
- offender's membership in hate group
- timing (for example, religious holiday, world events)
A hate crime is a Class 4 felony with a maximum prison sentence of three years, or seven years for a second offense. If no prison time is ordered by the judge, the statute requires the imposition of no less than 200 hours of community service. When more serious crimes or felonies are charged, the judge may consider the bias motivation as an aggravating factor leading to a more severe punishment. The bottom line is that hate motivation brings stiffer penalties.
The Illinois Hate Crime Act also allows hate crime victims to sue offenders in civil court for compensatory damages for physical and emotional injuries and punitive damages. The victim can bring a civil lawsuit even if the offender was never charged with a crime.
Why does Hate Crime deserve special attention?
A hate crime is bigotry at its worst. It is hostile, dangerous, and can not be tolerated in a democratic society. Hate crime hurts everyone. If ignored, a hate crime can perpetuate fear and distrust and inflame tensions between the targeted group, the larger community, and law enforcement officials.
Perpetrators target victims not because of who they are as individuals, but because of unfair stereotypes. Hate crimes involve an infinite number of groups, situations, and places. Hate crime is not a high percentage of total crime, but is given priority by officials because of its profound negative impact on the victim and the community. Federal, state, and local governments have made fighting hate crime a priority by enacting and enforcing strong laws.
When victims report, press charges, and testify against hate criminals...
When judges and juries punish hate criminals and order them to compensate their victims...
When community members, religious leaders and professionals are educated about legal rights...
When everyone works together to fight bias violence...
They send a message that bigotry and violence will not be tolerated!
What is the Project to Combat Bias Violence?
The Project to Combat Bias Violence of the Chicago Lawyers' Committee for Civil Rights Under Law, Inc. provides free legal representation to hate crime victims. Volunteer attorneys work with the Project for the best result in both criminal and civil cases.
The Project also works to prevent bias violence through education and outreach in all affected communities in Chicago. The Project also trains law enforcement and other professionals and advocates for policy changes to improve enforcement and promote sensitive and fair treatment of victims.
In criminal court, lawyers work with police and prosecutors for strong prosecutions. In civil court, private lawyers represent victims who want to sue hate crime offenders free of charge. The Project has been successful in obtaining not only large monetary awards, but also innovative settlements for clients that reflect public condemnation of these devastating crimes.
Did you know that...
- ...victims of crimes motivated by bias are three times more likely to require hospitalization than victims of other crimes, as they are more violent and severe?
- ...perpetrators of these crimes are usually young males, under 26, who act in groups of two or more? They usually are not associated with an organized hate group.
- ...over 50 percent of reported hate crime in Chicago is racial in nature, most involving African Americans as victims? Hate crimes against lesbians and gay men, and religious and ethnic minorities comprise a sizable, but smaller percentage.
- ...most hate crimes are not reported? Lack of knowledge of the law on the part of victims and law enforcement officials is the primary reason for the vast undercount.
- ...bigoted language alone is not a hate crime? However, if a person's language creates a reasonable fear of imminent harm, this person's actions may constitute a crime.
Have you ever...
- ...had a house, car or place of worship vandalized with a swastika or other bigoted graffiti?
- ...been physically attacked because of your race or ethnicity?
- ...been sexually assaulted or threatened because of your gender or perceived sexual orientation?
If so, you might have been the target of a HATE CRIME.