§ 720 ILCS 5/12-7.1

720 ILCS 5/12-7.1 – Hate Crime

This law makes it a crime to harm, threaten, or harass someone because of who they are or what group they belong to.

This Illinois law says that it is a hate crime to commit certain offenses against someone or a group because of their race, religion, gender, disability, or other protected traits. It also sets punishments, community service, education requirements, and allows victims to sue for damages.

(a) A hate crime happens when someone commits acts like assault, battery, stalking, intimidation, or property damage against another person or group because of that person’s race, color, religion, ancestry, gender, sexual orientation, disability, immigration status, or national origin. It doesn’t matter if the offender had other reasons as well.

(b) Usually, a first hate crime offense is a Class 4 felony, and a second or later one is a Class 2 felony.

(b-5) If the hate crime happens in special places, such as:

a church, mosque, synagogue, or other religious building;
a cemetery or funeral home;
a school or dormitory (public or private);
a park or cultural or religious community center;
the grounds or property of any of these places; or
on a public street or sidewalk within 1,000 feet of these places,

then the punishment increases to a Class 3 felony for the first offense and a Class 2 felony for later offenses.

(b-10) When someone is convicted, the court must make them pay the victim back or pay a fine. The court will also require at least 200 hours of community service and that the offender attend an in-person educational program that teaches against hate crimes. The program can be run by a college, nonprofit, or other group approved by the court. If the offender goes to prison, they must still do these requirements during supervised release.

(c) A victim of a hate crime can also sue the offender in civil court for money damages, emotional distress, and other relief. The court can fine the offender up to $25,000 and order them to pay the victim’s legal costs. The Illinois Attorney General can also bring a lawsuit for an injunction and fines up to $25,000 per violation. Parents of minors who commit a hate crime can be required to pay damages, up to the limit set in the Parental Responsibility Law.

(d) “Sexual orientation” means the same as it does in the Illinois Human Rights Act.

View the full statute here.