ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/12-7.1 (2026)

Hate crime

✓ current as of May 2026
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(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
    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, citizenship, immigration status, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he or she commits assault, battery, aggravated assault, intimidation, stalking, cyberstalking, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, transmission of obscene messages, harassment by telephone, or harassment through electronic communications as these crimes are defined in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code, respectively.
    (b) Except as provided in subsection (b-5), hate crime is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense.
    (b-5) Hate crime is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense if committed:
        (1) in, or upon the exterior or grounds of, a church,
    
synagogue, mosque, or other building, structure, or place identified or associated with a particular religion or used for religious worship or other religious purpose;
        (2) in a cemetery, mortuary, or other facility used
    
for the purpose of burial or memorializing the dead;
        (3) in a school or other educational facility,
    
including an administrative facility or public or private dormitory facility of or associated with the school or other educational facility;
        (4) in a public park or an ethnic or religious
    
community center;
        (5) on the real property comprising any location
    
specified in clauses (1) through (4) of this subsection (b-5); or
        (6) on a public way within 1,000 feet of the real
    
property comprising any location specified in clauses (1) through (4) of this subsection (b-5).
    (b-10) Upon imposition of any sentence, the trial court shall also either order restitution paid to the victim or impose a fine in an amount to be determined by the court based on the severity of the crime and the injury or damages suffered by the victim. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency 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, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender enroll in an educational program discouraging hate crimes involving the protected class identified in subsection (a) that gave rise to the offense the offender committed. The educational program must be attended by the offender in-person and may be administered, as determined by the court, by a university, college, community college, non-profit organization, the Illinois Holocaust and Genocide Commission, or any other organization that provides educational programs discouraging hate crimes, except that programs administered online or that can otherwise be attended remotely are prohibited. The court may also impose any other condition of probation or conditional discharge under this Section. If the court sentences the offender to imprisonment or periodic imprisonment for a violation of this Section, as a condition of the offender's mandatory supervised release, the court shall require that the offender perform public or community service of no less than 200 hours and enroll in an educational program discouraging hate crimes involving the protected class identified in subsection (a) that gave rise to the offense the offender committed.
    (c) Independent of any criminal prosecution or the result of a criminal prosecution, any person suffering injury to his or her person, damage to his or her property, intimidation as defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6 of this Code, stalking as defined in Section 12-7.3 of this Code, cyberstalking as defined in Section 12-7.5 of this Code, disorderly conduct as defined in paragraph (a)(1), (a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code, transmission of obscene messages as defined in Section 26.5-1 of this Code, harassment by telephone as defined in Section 26.5-2 of this Code, or harassment through electronic communications as defined in paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code as a result of a 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, as well as punitive damages. The court may impose a civil penalty up to $25,000 for each violation of this subsection (c). A judgment in favor of a person who brings a civil action under this subsection (c) shall include attorney's fees and costs. After consulting with the local State's Attorney, the Attorney General may bring a civil action in the name of the People of the State for an injunction or other equitable relief under this subsection (c). In addition, the Attorney General may request and the court may impose a civil penalty up to $25,000 for each violation under this subsection (c). The parents or legal guardians, other than guardians appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987, of an unemancipated minor shall be liable for the amount of any judgment for all 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.
    (d) "Sexual orientation" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act.
(Source: P.A. 102-235, eff. 1-1-22; 102-468, eff. 1-1-22; 102-813, eff. 5-13-22.)

    
Notes of Decisions
Cited in 35 cases (17 in the last 5 years), 1995–2026 · leading case: Phillip Robbin v. City of Berwyn, 108 F.4th 586 (7th Cir. 2024).
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Phillip Robbin v. City of Berwyn, 108 F.4th 586 (7th Cir. 2024). “He also brought state law claims, alleging violations of the Illinois Hate Crime stat- ute, 720 ILCS 5/12-7.1 (Count II), intentional infliction of emo- tional distress (Count III), and indemnification (Count IV).”
People v. Simmons, 770 N.E.2d 1271 (Ill. App. Ct. 2002). · cites it 2× “Illinois also has a separate hate crime statute (720 ILCS 5/12-7.1 (West 2000)), which is a Class 4 felony for the first offense and a Class 2 felony for each subsequent offense (720 ILCS 5/12-7.”
In Re Bc, 680 N.E.2d 1355 (Ill. 1997). · cites it 11× “The petitions essentially alleged that, on October 14, 1994, in Madison County, respondents knowingly committed disorderly conduct (720 ILCS 5/26-1 (West 1994)) by displaying "patently offensive depictions of violence toward African Americans in such an unreasonable manner as to…”
Ake v. Bureau of Prof'l & Occupational Affairs, State Bd. of Acct., 974 A.2d 514 (Pa. Commw. Ct. 2009). “1 of Act 5 of Chapter 720 of the Illinois Compiled Statutes, 720 ILCS 5/12-7.1, [1] and sentenced to 14 days of confinement followed by 2-1/2 years of probation that included psychological counseling and treatment.”
Doe 20 v. Bd. of Educ. of the Cmty. Unit Sch. Dist. No. 5, 680 F. Supp. 2d 957 (C.D. Ill. 2010). “720 ILCS 5/12-7.1 provides in relevant part: A person commits hate crime when, by reason of the actual or perceived .”
Abdoh v. City of Chicago, 930 F. Supp. 311 (N.D. Ill. 1996). · cites it 3× “720 ILCS 5/12-7.1 Thus, a plaintiff states a claim if he alleges injury resulting from an assault or battery that was motivated because of his actual or perceived race, ancestry, or national origin.”
People v. Dixon, 721 N.E.2d 1172 (Ill. App. Ct. 1999). “Laws at 3799) (amending 720 ILCS 5/12-7.1 (West 1994))); and section 120 provides for an increased penalty for solicitation of murder when the person solicited is under the age of 17 (Pub.”
McCaleb v. Pizza Hut of Am., Inc., 28 F. Supp. 2d 1043 (N.D. Ill. 1998). “720 ILCS 5/12-7.1(a) (1995). The civil remedy provision provides: “Independent of any criminal prosecution or the result thereof, any person suffering injury to his person or damage to his property as a *1049 result of hate crime may bring a civil action for damages, injunction…”
People v. Miller, 916 N.E.2d 10 (Ill. App. Ct. 2009). “Miller, was charged by indictment in the circuit court of Kane County with two counts of hate crime (720 ILCS 5/12-7.1(a) (West 2006)) and a single count each of criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2006)) and criminal defacement of property (720 ILCS 5/21-1.”
Damato v. Jack Phelan Chevrolet Geo, Inc., 927 F. Supp. 283 (N.D. Ill. 1996). “Hate Crime Next, Defendants contend that the IHRA preempts Damato’s claim under the Illinois Hate Crime statute (“IHC”), 720 ILCS 5/12-7.1, in addition to her battery claim.”
Johnson v. Smith, 878 F. Supp. 1150 (N.D. Ill. 1995). “Count IV asserts that the identical conduct by Smith and Brian also violated a state law, the Illinois “hate crime” statute (720 ILCS 5/12-7.1). That is so because the conduct proved by Johnsons constitutes mob action under 720 ILCS 5/25-1(a)(1) (People v.”
City of Springfield v. Police Prot. & Benevolent Ass'n Unit No. 5., 2023 IL App (4th) 220321-U (Ill. App. Ct. 2023). “§ 2000e-2 (2020) (prohibiting employment discrimination based on race); 720 ILCS 5/12-7.1(a) (West 2020) (section of Illinois Criminal Code of 2012 providing for punishment of conduct as a hate crime following “transmission of obscene messages, harassment by telephone, or…”
Show all 35 citing cases →
— 720 ILCS 5/12-7.1(a) — 10 cases
In Re Bc, 680 N.E.2d 1355 (Ill. 1997). “The petitions essentially alleged that, on October 14, 1994, in Madison County, respondents knowingly committed disorderly conduct (720 ILCS 5/26-1 (West 1994)) by displaying "patently offensive depictions of violence toward African Americans in such an unreasonable manner as to…”
McCaleb v. Pizza Hut of Am., Inc., 28 F. Supp. 2d 1043 (N.D. Ill. 1998). “720 ILCS 5/12-7.1(a) (1995). The civil remedy provision provides: “Independent of any criminal prosecution or the result thereof, any person suffering injury to his person or damage to his property as a *1049 result of hate crime may bring a civil action for damages, injunction…”
People v. Miller, 916 N.E.2d 10 (Ill. App. Ct. 2009). “Miller, was charged by indictment in the circuit court of Kane County with two counts of hate crime (720 ILCS 5/12-7.1(a) (West 2006)) and a single count each of criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2006)) and criminal defacement of property (720 ILCS 5/21-1.”
Abdoh v. City of Chicago, 930 F. Supp. 311 (N.D. Ill. 1996). “720 ILCS 5/12-7.1 Thus, a plaintiff states a claim if he alleges injury resulting from an assault or battery that was motivated because of his actual or perceived race, ancestry, or national origin.”
City of Springfield v. Police Prot. & Benevolent Ass'n Unit No. 5., 2023 IL App (4th) 220321-U (Ill. App. Ct. 2023). “§ 2000e-2 (2020) (prohibiting employment discrimination based on race); 720 ILCS 5/12-7.1(a) (West 2020) (section of Illinois Criminal Code of 2012 providing for punishment of conduct as a hate crime following “transmission of obscene messages, harassment by telephone, or…”
— 720 ILCS 5/12-7.1(b) — 2 cases
People v. Simmons, 770 N.E.2d 1271 (Ill. App. Ct. 2002). “Illinois also has a separate hate crime statute (720 ILCS 5/12-7.1 (West 2000)), which is a Class 4 felony for the first offense and a Class 2 felony for each subsequent offense (720 ILCS 5/12-7.”
People v. Pulgar (Ill. App. Ct. 2001).
— 720 ILCS 5/12-7.1(c) — 12 cases
Abdoh v. City of Chicago, 930 F. Supp. 311 (N.D. Ill. 1996). “720 ILCS 5/12-7.1 Thus, a plaintiff states a claim if he alleges injury resulting from an assault or battery that was motivated because of his actual or perceived race, ancestry, or national origin.”
Rose v. City of West Frankfort (S.D. Ill. 2025).
Mohammed v. Hamdard Ctr. for Health & Human Servs., 2020 IL App (2d) 181017-U (Ill. App. Ct. 2020).
James v. Smith (C.D. Ill. 2020).
Harlow v. Humphrey (C.D. Ill. 2021).
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