Ill. Pattern Jury Instr. (Criminal) 16.08

To sustain t

he charge of institutional vandalism, the State must prove the following

propositions:

First Proposition: That the defendant knowingly and without consent damaged

[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] [(ceme

tery) (mortuary) (fa cility used for the purpose of burial or

memorializing the dead)];

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[or]

[c] [(sc

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

and

Second Proposi

tion: That the defenda nt inflicted the damage by reason of the actual or

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

individuals[(; and) (.)]

[Third Proposition: That the damage exceeded $300.]

If you find from your consideration of all the evidence that each one of these propositions

has been proved beyond a reasonable doubt, you should find the defendant guilty.

If you find from your consideration of all the evidence that any one of these propositions

has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

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 16.07.

Use appl

icable paragraphs, subparagraphs, and bracketed material.

Give the br

acketed Third Proposition only when the issue arises whether the amount of

the damage exceeds $300. See the Committee Note to Instruction 16.07.

The bracke

ted 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.

When acc

ountability is an issue, ordinarily insert the phrase “or one for whose conduct he

is legally responsible” after the word “defendant” in each proposition. See Instruction 5.03.

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