§ 8-4-085

Hate crimes

a.

No person shall, by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the actual or perceived race, color, sex, religion, national origin, age, ancestry, sexual orientation or mental or physical disability of another individual or group of individuals:

1.

Commit assault as defined in Section 12-1 of the Illinois Criminal Code of 1961 (Illinois Revised Statutes Chapter 38, paragraph 12-1); or

2.

Deface, mar, injure, destroy or remove property in violation of Section

8-4-040" destination-id="JD_8-4-040">8-4-040 of this Code; or

3.

Commit trespass as defined in Section

8-4-050" destination-id="JD_8-4-050">8-4-050 of this Code; or

4.

Commit vandalism as defined in Section

8-4-060" destination-id="JD_8-4-060">8-4-060 of this Code; or

5.

Disturb a place of worship in violation of Section

8-4-110" destination-id="JD_8-4-110">8-4-110 of this Code; or

6.

Engage in harassment by telephone as defined in Section 1-1 of “An Act to prohibit the use of telephone and telegraph lines for the sending of certain messages” (Illinois Revised Statutes Chapter 134, paragraph 16-4.1).

b.

Any person who violates this section shall be subject to a fine of $500.00 or may be imprisoned for not more than six months, or may be subject to both such fine and imprisonment. In addition to such penalty, any person found guilty of violating this section may be ordered to pay restitution to the aggrieved party, and may be ordered to perform community service pursuant to Section

1-4-120" destination-id="JD_1-4-120">1-4-120 of this Code.

c.

Notwithstanding any other provision of this section, any conduct in violation of this section that is punishable under state or federal law by a term of imprisonment in excess of six months shall not be prosecuted under this section.

d.

As used in this section, “sexual orientation” means heterosexuality, homosexuality or bisexuality.

(Added Coun. J. 12-19-90, p. 27888)

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