A person is in custody in a Chicago cross burning investigation, police say

[stopdiggin]

11. No .... The 'defendant' would not have to 'prove his motivation'

That would be the job of the prosecution. (always has been - and the 'burden' has always lain there)

In order for this to be more than just a fire on public property - the government needs to assert that this is something more than just a fire ....
i.e., the element of 'intent'....

In your original post you argued that it didn't matter what the clown thought. (i.e., 'here's the action - and result') What I'm asserting is that is one of those cases where - "Yeah - it kinda' does!"