With high powered lawers and PR, this story is likely tied to the D's anti-lynching bill that was unanimously passed by the senate, with all 100 voting in December.
The language is a little startling and vague. Lynching is defined as offenses resulting in injury for cases involving race, color, religion, NATIONAL ORIGIN, GENDER IDENTITY, gender, sexual orientation.
Lynching = injury
Conspiracy to commit = same punishment:
“(c) Conspiracy.—If 2 or more persons conspire to commit any offense under this section, and 1 or more of such persons do any act to effect the object of the conspiracy, each shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.
https://www.congress.gov/bill/115th-congress/senate-bill/3178/text/es
This is not a law yet since it was only passed by the senate so far, AFAIK.
Was Smollet's stunt more than just a PR stunt to further his career, or was it intended to generate public outrage and garner public support for getting this law passed in the House and then POTUS signature?
You could see how this law could be seriously abused by those in power who might want to inflame racial divisions in society, including illegal immigrants.