ยง 720 ILCS 5/12-7.1. Hate crime

Sec. 12-7.1. Hate crime. (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 Sections 12-1, 12-2, 12-3, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of this Code [720 ILCS 5/12-1, 720 ILCS 5/12-2, 720 ILCS 5/12-3, 720 ILCS 5/16-1, 720 ILCS 5/19-4, 720 ILCS 5/21-1, 720 ILCS 5/21-2, 720 ILCS 5/21-3, 720 ILCS 5/25-1, and 720 ILCS 5/26-1], respectively, or harassment by telephone as defined in Section 1-1 of the Harassing and Obscene Communications Act [720 ILCS 135/1-1] 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 The parents or legal guardians, other than guardians appointed pursuant to the Juvenile Court Act [repealed] or the Juvenile Court Act of 1987 [705 ILCS 405/1-1 et seq.], of an unemancipated minor shall be liable for the amount of any judgment for actual damages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 [740 ILCS 115/5].

(d) “Sexual orientation” means heterosexuality, homosexuality, or bisexuality.

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