23-Year-Old University of Delaware Student Charged with Hate Crime

Police have arrested a 23-year-old University of Delaware student after she went on what police are describing as an “antisemitic tirade”. The student is facing charges of Criminal Mischief, Disorderly Conduct, and Hate Crime charges and a ban from campus. The student was arrested by police on May 8 after witnesses said she made offensive remarks about the Jewish community and the Holocaust. Witnesses also allege that the young woman damaged flags at the Holocaust memorial on campus.

The university had set up a bunch of flags on the Green to help memorialize all the people who died during that four-year span. “So, it’s a very sacred thing to a lot of people on campus and around the world,” one student explained. According to the arrest warrant, the student destroyed the flags and spit on them while making vulgar anti-Jewish statements. Officials say that she admitted to the vandalism to police who later took her into custody. University officials have since banned the student from campus.

First Amendment issues 

Destroying someone else’s property is not considered protected speech under the First Amendment. While burning flags is considered protected speech, the flags must belong to you. If you burn someone else’s flags, you’re guilty of the crime of Criminal Mischief. In this case, the student damaged or defaced flags belonging to the University in an effort (ostensibly) to protest the Israeli war against Hamas. She will face charges of Criminal Mischief on that basis.

Disorderly Conduct 

The charge of Disorderly Conduct is important to securing a Hate Crime charge against this defendant. Generally speaking, Hate Crime charges act as an intensifier to other charges. An individual can be charged with a Hate Crime for either making terroristic threats against an individual or an institution or by Disorderly Conduct. Under Title 11 Section 1301 of Delaware’s criminal code, an individual is guilty of Disorderly Conduct when they “address abusive language” to any person present. In this case, racial epithets qualify as abusive language. This is crucial to pinning the Hate Crime charge on the defendant.

Delaware’s Disorderly Conduct statutes can only be used to punish “fighting words” which by their very nature intend to inflict injury or breach the peace. Depending on the context of the case, the use of a single epithet can be enough to satisfy Delaware’s Disorderly Conduct statute.

Criminal Mischief 

Criminal Mischief is a property crime or a crime against property. In this case, the defendant is facing underlying charges of Disorderly Conduct and Criminal Mischief. The Hate Crime intensifier will mean that her crime is considered one degree more serious than it otherwise would be. In other words, a class B felony would be regraded as a class A felony under the rules.

Talk to a Delaware Criminal Defense Attorney Today 

Facing serious charges in Delaware? Call an experienced Wilmington criminal defense lawyer today. Michael W. Modica represents the interests of those charged with major crimes in the State of Delaware. Call our office today to schedule an appointment, and we can begin preparing your defense immediately.

Source:

fox29.com/news/university-of-delaware-student-charged-with-hate-crime-after-antisemitic-remarks-vandalism-on-campus