merlinextraligh
05-12-06, 10:17 AM
Statutes aggravating penalties for offenses often include memberhip in a "vulnerable" group as an aggravating factor. These statutes can cover everything from felonies to petty offenses. I don't know where you live but a good example would the aggravating factor statute in Illinois.
Take a look at the statute to which you refer, and see how silly adding " the victim was riding a bike" would be:
§ 730 ILCS 5/5-5-3.2. Factors in Aggravation
Sec. 5-5-3.2. Factors in Aggravation. (a) The following factors shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as reasons to impose a more severe sentence under Section 5-8-1 [730 ILCS 5/5-8-1]:
(1) the defendant's conduct caused or threatened serious harm;
(2) the defendant received compensation for committing the offense;
(3) the defendant has a history of prior delinquency or criminal activity;
(4) the defendant, by the duties of his office or by his position, was obliged to prevent the particular offense committed or to bring the offenders committing it to justice;
(5) the defendant held public office at the time of the offense, and the offense related to the conduct of that office;
(6) the defendant utilized his professional reputation or position in the community to commit the offense, or to afford him an easier means of committing it;
(7) the sentence is necessary to deter others from committing the same crime;
(8) the defendant committed the offense against a person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a person who is physically handicapped or such person's property;
(10) by reason of another individual's actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin, the defendant committed the offense against (i) the person or property of that individual; (ii) the person or property of a person who has an association with, is married to, or has a friendship with the other individual; or (iii) the person or property of a relative (by blood or marriage) of a person described in clause (i) or (ii). For the purposes of this Section, "sexual orientation" means heterosexuality, homosexuality, or bisexuality;
(11) the offense took place in a place of worship or on the grounds of a place of worship, immediately prior to, during or immediately following worship services. For purposes of this subparagraph, "place of worship" shall mean any church, synagogue or other building, structure or place used primarily for religious worship;
(12) the defendant was convicted of a felony committed while he was released on bail or his own recognizance pending trial for a prior felony and was convicted of such prior felony, or the defendant was convicted of a felony committed while he was serving a period of probation, conditional discharge, or mandatory supervised release under subsection (d) of Section 5-8-1 [730 ILCS 5/5-8-1] for a prior felony;
(13) the defendant committed or attempted to commit a felony while he was wearing a bulletproof vest. For the purposes of this paragraph (13), a bulletproof vest is any device which is designed for the purpose of protecting the wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or supervision such as, but not limited to, family member as defined in Section 12-12 of the Criminal Code of 1961 [720 ILCS 5/12-12], teacher, scout leader, baby sitter, or day care worker, in relation to a victim under 18 years of age, and the defendant committed an offense in violation of Section 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 [720 ILCS 5/11-6, 720 ILCS 5/11-11, 720 ILCS 5/11-15.1, 720 ILCS 5/11-19.1, 720 ILCS 5/11-19.2, 720 ILCS 5/11-20.1, 720 ILCS 5/12-13, 720 ILCS 5/12-14, 720 ILCS 5/12-14.1, 720 ILCS 5/12-15 or 720 ILCS 5/12-16] against that victim;
(15) the defendant committed an offense related to the activities of an organized gang. For the purposes of this factor, "organized gang" has the meaning ascribed to it in Section 10 of the Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/10];
(16) the defendant committed an offense in violation of one of the following Sections while in a school, regardless of the time of day or time of year; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school: Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of 1961 [720 ILCS 5/10-1, 720 ILCS 5/10-2, 720 ILCS 5/10-5, 720 ILCS 5/11-15.1, 720 ILCS 5/11-17.1, 720 ILCS 5/11-18.1, 720 ILCS 5/11-19.1, 720 ILCS 5/11-19.2, 720 ILCS 5/12-2, 720 ILCS 5/12-4, 720 ILCS 5/12-4.1, 720 ILCS 5/12-4.2, 720 ILCS 5/12-4.3, 720 ILCS 5/12-6, 720 ILCS 5/12-6.1, 720 ILCS 5/12-13, 720 ILCS 5/12-14, 720 ILCS 5/12-14.1, 720 ILCS 5/12-15, 720 ILCS 5/12-16, 720 ILCS 5/18-2, or 720 ILCS 5/33A-2];
(16.5) the defendant committed an offense in violation of one of the following Sections while in a day care center, regardless of the time of day or time of year; on the real property of a day care center, regardless of the time of day or time of year; or on a public way within 1,000 feet of the real property comprising any day care center, regardless of the time of day or time of year: Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of 1961 [720 ILCS 5/10-1, 720 ILCS 5/10-2, 720 ILCS 5/10-5, 720 ILCS 5/11-15.1, 720 ILCS 5/11-17.1, 720 ILCS 5/11-18.1, 720 ILCS 5/11-19.1, 720 ILCS 5/11-19.2, 720 ILCS 5/12-2, 720 ILCS 5/12-4, 720 ILCS 5/12-4.1, 720 ILCS 5/12-4.2, 720 ILCS 5/12-4.3, 720 ILCS 5/12-6, 720 ILCS 5/12-6.1, 720 ILCS 5/12-13, 720 ILCS 5/12-14, 720 ILCS 5/12-14.1, 720 ILCS 5/12-15, 720 ILCS 5/12-16, 720 ILCS 5/18-2, or 720 ILCS 5/33A-2];
(17) the defendant committed the offense by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 1961 [720 ILCS 5/2-3.5];
(18) the defendant committed the offense in a nursing home or on the real property comprising a nursing home. For the purposes of this paragraph (18), "nursing home" means a skilled nursing or intermediate long term care facility that is subject to license by the Illinois Department of Public Health under the Nursing Home Care Act [210 ILCS 45/1-101 et seq.];
(19) the defendant was a federally licensed firearm dealer and was previously convicted of a violation of subsection (a) of Section 3 of the Firearm Owners Identification Card Act [430 ILCS 65/3] and has now committed either a felony violation of the Firearm Owners Identification Card Act [430 ILCS 65/0.01 et seq.] or an act of armed violence while armed with a firearm; or
(20) (As added by P.A. 94-131) the defendant (i) committed the offense of reckless homicide under Section 9-3 of the Criminal Code of 1961 [720 ILCS 5/9-3] or the offense of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11-501 of the Illinois Vehicle Code [625 ILCS 5/11-501] or a similar provision of a local ordinance and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code [625 ILCS 5/11-1 et seq.].
(20) (As added by P.A. 94-375) the defendant (i) committed the offense of reckless driving or aggravated reckless driving under Section 11-503 of the Illinois Vehicle Code [625 ILCS 5/11-503] and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code.
For the purposes of this Section:
"School" is defined as a public or private elementary or secondary school, community college, college, or university.
"Day care center" means a public or private State certified and licensed day care center as defined in Section 2.09 of the Child Care Act of 1969 [225 ILCS 10/2.09] that displays a sign in plain view stating that the property is a day care center.
(b) The following factors may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 [730 ILCS 5/5-8-2] upon any offender:
(1) When a defendant is convicted of any felony, after having been previously convicted in Illinois or any other jurisdiction of the same or similar class felony or greater class felony, when such conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and such charges are separately brought and tried and arise out of different series of acts; or
(2) When a defendant is convicted of any felony and the court finds that the offense was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty; or
(3) When a defendant is convicted of voluntary manslaughter, second degree murder, involuntary manslaughter or reckless homicide in which the defendant has been convicted of causing the death of more than one individual; or
(4) When a defendant is convicted of any felony committed against:
(i) a person under 12 years of age at the time of the offense or such person's property;
(ii) a person 60 years of age or older at the time of the offense or such person's property; or
(iii) a person physically handicapped at the time of the offense or such person's property; or
(5) In the case of a defendant convicted of aggravated criminal sexual assault or criminal sexual assault, when the court finds that aggravated criminal sexual assault or criminal sexual assault was also committed on the same victim by one or more other individuals, and the defendant voluntarily participated in the crime with the knowledge of the participation of the others in the crime, and the commission of the crime was part of a single course of conduct during which there was no substantial change in the nature of the criminal objective; or
(6) When a defendant is convicted of any felony and the offense involved any of the following types of specific misconduct committed as part of a ceremony, rite, initiation, observance, performance, practice or activity of any actual or ostensible religious, fraternal, or social group:
(i) the brutalizing or torturing of humans or animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious, fraternal, business, governmental, educational, or other building or property; or
(v) ritualized abuse of a child; or
(7) When a defendant is convicted of first degree murder, after having been previously convicted in Illinois of any offense listed under paragraph (c)(2) of Section 5-5-3 [730 ILCS 5/5-5-3], when such conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and such charges are separately brought and tried and arise out of different series of acts; or
(8) When a defendant is convicted of a felony other than conspiracy and the court finds that the felony was committed under an agreement with 2 or more other persons to commit that offense and the defendant, with respect to the other individuals, occupied a position of organizer, supervisor, financier, or any other position of management or leadership, and the court further finds that the felony committed was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's leadership in an organized gang; or
(9) When a defendant is convicted of a felony violation of Section 24-1 of the Criminal Code of 1961 [720 ILCS 5/24-1] and the court finds that the defendant is a member of an organized gang; or
(10) When a defendant committed the offense using a firearm with a laser sight attached to it. For purposes of this paragraph (10), "laser sight" has the meaning ascribed to it in Section 24.6-5 of the Criminal Code of 1961 [720 ILCS 5/24.6-5]; or
(11) When a defendant who was at least 17 years of age at the time of the commission of the offense is convicted of a felony and has been previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 [705 ILCS 405/1-1 et seq.] for an act that if committed by an adult would be a Class X or Class 1 felony when the conviction has occurred within 10 years after the previous adjudication, excluding time spent in custody; or
(12) When a defendant commits an offense involving the illegal manufacture of a controlled substance under Section 401 of the Illinois Controlled Substances Act [720 ILCS 570/401], the illegal manufacture of methamphetamine under Section 25 of the Methamphetamine Control and Community Protection Act [720 ILCS 646/25], or the illegal possession of explosives and an emergency response officer in the performance of his or her duties is killed or injured at the scene of the offense while responding to the emergency caused by the commission of the offense. In this paragraph (12), "emergency" means a situation in which a person's life, health, or safety is in jeopardy; and "emergency response officer" means a peace officer, community policing volunteer, fireman, emergency medical technician-ambulance, emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance driver, other medical assistance or first aid personnel, or hospital emergency room personnel.
(b-1) For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/10].
(c) The court may impose an extended term sentence under Section 5-8-2 [730 ILCS 5/5-8-2] upon any offender who was convicted of aggravated criminal sexual assault or predatory criminal sexual assault of a child under subsection (a)(1) of Section 12-14.1 of the Criminal Code of 1961 [720 ILCS 5/12-14.1] where the victim was under 18 years of age at the time of the commission of the offense.
(d) The court may impose an extended term sentence under Section 5-8-2 [730 ILCS 5/5-8-2] upon any offender who was convicted of unlawful use of weapons under Section 24-1 of the Criminal Code of 1961 [720 ILCS 5/24-1] for possessing a weapon that is not readily distinguishable as one of the weapons enumerated in Section 24-1 of the Criminal Code of 1961 [720 ILCS 5/24-1].
It's obviously more blameworthy to target vulnerable individuals, and the statute is intended to address that. Take a look at the annotations to the statute, and you won't find a single example of where the statute has been used to enhance the punishment for a neglience based traffic offense due to the age or disability of the victim. You rob or sexually assault grandma you should get greater punsihment. Yo hit and kill someone with a car it shouldn't matter if they're 55 or 65, or whether they were in a car or on a bike.
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