A pair of former Northwestern University students face multiple serious charges after an alleged vandalism incident at an on-campus building.
Prosecutors claim that 18-year-old Matthew Kafker and 19-year-old Anthony Morales spray-painted homophobic phrases, racial and ethnic slurs, phallic images, and the word “Trump” on the walls of the campus’ Alice Millar Chapel. The case is made primarily of surveillance video which supposedly shows Messrs. Kafker and Morales entering the chapel with cans of spray paint in the early morning hours; a few hours later, university officials discovered the graffiti. The school estimates the damage to be about $300, but a grand jury indicted the men on twelve counts of hate crime at a church/synagogue/place of worship, along with three counts of criminal damage, four counts of institutional vandalism and burglary, and one count of criminal defacement.
A hate crime is a Class 3 felony that carries a sentence of between two and five years in prison.
Hate Crimes
Under 720 ILCS 5/12-7.1, which applies to about a dozen assaultive and property offenses, a person commits a hate crime if the act was motivated by an animus towards the “actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin” of an individual or group of individuals, even if there is “another motivating factor” involved in the act. Assume that Danny Defendant, who is white, breaks into the pickup truck of Victor Victim, who is African-American. If the prosecutor can convince a jury that race was in any way a motivation, Danny could be convicted of a hate crime.
Charges can be upgraded to Class 3 felony for a first offense, and Class 2 felony for a subsequent offense, if the crime was committed at a:
- Place of Worship: The line between ordinary structure and sacred building is not always so clear. For example, many secular buildings, like hospitals, may contain a chapel, but that does not transform them into churches.
- Public Monument: The statue, engraving, or other monument must be one that is “for the purpose of. . .memorializing the dead.”
- School: The word is broadly defined to include off-campus dormitories, administration facilities, and other non-school buildings.
The law also applies to any offense committed on the surrounding property of such a place, or to an offense committed on public property less than 1,000 feet away.
Hates Crimes and Intent
This law is a specific intent crime, which basically means that the defendant must intend both the conduct and the result. To return to the earlier example, Danny must have intended to rob an African-American person’s vehicle because the person was African-American. Voluntary intoxication, and any other similar impairment, is a defense to specific intent crimes.
Coincidence is not the same thing as intent. In addition to proving that Danny specifically targeted an African-American person, the state must prove that Danny had an animus towards African-American people in general, and not just against Victor in particular.
Partner with Experienced Lawyers
At Glasgow & Olsson, we know the law and know how to present effective defense to criminal charges. Contact our Schaumburg office today for prompt assistance because the sooner we get started, the more compelling your defense will be.