If anyone commits a crime they should be prosecuted. Are you going to say more penalties should go to Kkk if they wear a hood? How far would you go. A young person in costume on holloween or someone in a clown costume gets a stiffer sentence because they wear a costume. What constitute a costume. If I wear shorts and a halter top is that a costume? A bathing suit? A hoodie? A cape? Jeans? Trench coat? Do you get the point?