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updated: 4/7/2014 10:29 AM

Lawyers: Ill. hazing law vague, unconstitutional

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  • NIU student David Bogenberger, 19, was found unresponsive in the Pi Kappa Alpha fraternity house November 2, 2012.

      NIU student David Bogenberger, 19, was found unresponsive in the Pi Kappa Alpha fraternity house November 2, 2012.

 
Associated Press

DEKALB -- Lawyers representing five former fraternity members who are charged following the 2012 death of a pledge from Palatine say Illinois' hazing law is unconstitutional.

The (DeKalb) Daily Chronicle reports defense attorneys are arguing the state's hazing statute is too vague and want a judge to drop the charges against their clients.

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Prosecutors disagree.

The five men are accused of felony hazing for the November 2012 death of Northern Illinois University freshman and former Palatine resident David Bogenberger. The 19-year-old was found in the Pi Kappa Alpha fraternity house in DeKalb and an autopsy showed his blood-alcohol level was about five times the legal limit for driving.

The state's hazing law makes it illegal to require students to perform any unauthorized act that causes bodily harm to be accepted to a group connected with a school.

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