IL HB5835

Amends the Criminal Code of 1961 to create the offense of using a hate symbol to intimidate or harass, replacing the previous "cross burning" statute.

Criminalizes displaying a hangman's noose or simulation thereof, a Nazi swastika, or burning/desecrating a cross or other religious symbol on public or private property without written authorization with intent to intimidate or harass based on protected characteristics including religion, national origin, race, color, sex, sexual orientation, physical disability, or mental disability.

Establishes first offense as a Class 3 felony and second or subsequent offense as a Class 2 felony.

Defines "intent to intimidate" as intentionally placing or attempting to place another person in fear of physical injury or damage to property.

Provides that cross burning is considered a virulent form of intimidation with a long history as a signal of impending violence.