Ill. Pattern Jury Instr. (Criminal) 16.07

A person c

ommits the offense of institutional vandalism when, by reason of the actual or

perceived [(race) (color) (creed) (religion) (national origin)] of another individual or group of

individuals, he knowingly and without consent inflicts damage [exceeding $300] to

[1] a [(church) (synagogue) (building, structure, or place used for religious worship or

other religious purpose)].

[or]

[2] a [(c

emetery) (mortuary) (facility used for the purpose of burial or memorializing the

dead)].

[or]

[3] a [(s

chool) (educational facility) (community center)].

[or]

[4] the gr

ounds adjacent to, and owned or rented by, a

[a] [(church) (synagogue) (structure or place used for a religious purpose)].

[or]

[b] [(cem

etery) (mortuary) (facility used for the purpose of burial or

memorializing the dead)].

[or]

[c] [(school) (

educational facility) (community center)].

[or]

[5] any per

sonal property contained in a

[a] [(church) (synagogue) (building, structure, or place used for religious worship

or other religious purpose)];

[or]

[b] [(cem

etery) (mortuary) (facility used for the purpose of burial or

memorializing the dead)];

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[or]

[c] [(sc

hool) (educational facility) (community center)].

Committe

e Note

720 ILCS 5/

21-1.2 (West, 1992) (formerly Ill.Rev.Stat. ch. 38, §21- 1.2 (1991))<us>,

amended by P.A. 88-659, effective September 16, 1994</us>.

Give I

nstruction 16.08.

Section (

b) enhances the penalty from a Class 3 felony to a Class 2 felony when the

damage exceeds $300. Thus, give the bracketed phrase in the openi ng paragraph (“[exceeding

$300]”) when the amount of the damage is an issue. When the amount of the damage is an issue,

it should be resolved by the jury.

Use appl

icable paragraphs, subparagraphs, and bracketed material.

P.A. 88-659, e

ffective September 16, 1994, amended the statute to include the “actual or

perceived” language regarding the victim's status. The Committee has accordingly modified the

opening paragraph to reflect this amendment.

The brack

eted numbers and letters are present solely for the guidance of court and

counsel and should not be included in the instruction submitted to the jury.

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