IN RE B.C.

No. 5-95-0246.

661 N.E.2d 1148 (1996)

277 Ill. App.3d 1085

214 Ill.Dec. 703

In re B.C. et al., Minors (The People of the State of Illinois, Petitioner-Appellant, v. B.C. et al., Respondents-Appellees).

Appellate Court of Illinois, Fifth District.

February 8, 1996.


Attorney(s) appearing for the Case

William Haine, State's Attorney, Edwardsville, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Gerry R. Arnold, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellant.

Daniel M. Kirwan, Deputy Defender, Rita K. Peterson, Assistant Defender, Office of the State Appellate Defender, Fifth Judicial District, Mt. Vernon, for Appellees.


Justice CHAPMAN delivered the opinion of the court:

On March 17, 1995, the minors B.C. and T.C. were charged with delinquency for committing the criminal offense of hate crime. Based upon the parties' stipulated facts, the juvenile court granted the minors' motion to dismiss the petitions. The court ruled that the petitions failed to state a cause of action because (1) the alleged victim was not a member of a protected class, and (2) an element of the crime charged...

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