Placing a swastika to intimidate churches has been a felony in Virginia for years. However, the seldom-used law has only ever been applied once since the rise of fascist movements in the last decade. The difficulty in charging neo-Nazi vandals lies in proving intent to intimidate. Simply placing a hateful symbol is not enough for the law to step in; it must include a message intended to intimidate its subject.
In April 2017, Dylon Mahone spray-painted swastikas and hateful graffiti on the Little River United Church in Fairfax, Virginia. That graffiti included slurs and direct statements like “No Muslims.” According to NBC 4, after his arrest, Mahone told police interviewing him, “Heil Hitler. No regrets.” It was a simple case for prosecutors, and the judge sentenced Mahone to 21 months in prison.
On Thursday, the Virginia legislature passed a new law concerning swastikas, which is now awaiting a signature from Governor Glenn Youngkin.
The new law, set to take effect on July 1, adds an additional element: placing a swastika anywhere on private property would be a criminal act if done with the intent to intimidate. This would not only cover graffiti on churches but also hateful flyers and chalk writing.
One recent example comes from last year when swastika graffiti was found at a Prince William County high school along with an antisemitic phrase. Although there are no reports that the perpetrator was ever found, they could not have been charged under the current law.
Another example comes from 2017 when 17-year-old Nicholas Giampa mowed a 40-foot swastika into a field—an obvious warning sign, yet there was no way for police to intervene. After Giampa’s girlfriend was forbidden to see him by her parents, he murdered both of them. He was later found to have ties to the neo-Nazi terrorist group Atomwaffen.
According to Delegate Marcus Simon, who proposed the law, this bill would address situations like Giampa’s. Simon explained that the language is similar to cross-burning laws, which were used to prosecute the Tiki Torch marchers in Charlottesville. The law requires prosecutors to establish not just the presence of a swastika but also the intent to cause fear.
While in committee last week, the bill was revised after concerns from religious groups that have used the swastika for thousands of years. Hinduism, Buddhism, Jainism, Zoroastrianism, and certain Native American religions were granted an exception in the legal code. Despite these concerns, these non-Nazi symbols are unlikely to result in criminal charges due to the lack of intent to intimidate.
While writing this article, I checked my private collection of intercepted flyers distributed by neo-Nazis. None of them contained anything that could be considered a swastika. There were plenty of disparaging statements about Jewish people, but I noticed a small disclaimer at the bottom: “These flyers were distributed randomly without malicious intent.”
Read more from Goad Gatsby HERE
Photo credit: Charlottesville ‘Unite the Right’ Rally photo by Anthony Crider | source HERE
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