Legal Definitions - hate crime

A hate crime, also known as a bias crime, is a criminal act specifically motivated by prejudice against another person's protected characteristics. This means that the perpetrator commits the crime because of their animosity towards the victim's actual or perceived race, color, religion, national origin, sexual orientation, gender identity, or disability.

The key element distinguishing a hate crime from other crimes is this underlying motivation. It's not just about the criminal act itself, but the discriminatory reason behind it. Hate crimes can involve violence against a person, damage to property, or actions intended to intimidate an entire community.

• Example 1: Vandalism at a Community Center

  Someone spray-paints offensive symbols and derogatory slurs targeting a specific ethnic group on the exterior walls of a community center known to serve that population. The vandalism includes messages explicitly expressing hatred for people of that ethnicity.

  Explanation: This is a criminal act (vandalism) where the motivation is clearly demonstrated by the hateful messages and symbols. The crime targets property, but it is driven by prejudice against a specific national origin or ethnic group, making it a hate crime.

• Example 2: Assault Based on Gender Identity

  A person is walking down the street when they are verbally harassed and then physically attacked by an assailant who uses transphobic slurs and states they are targeting the victim because of their gender identity.

  Explanation: This is a criminal act (assault) where the perpetrator's words and actions explicitly reveal that the violence is motivated by animosity towards the victim's gender identity. The bias is the direct cause of the attack, classifying it as a hate crime.

• Example 3: Threats Against a Religious Leader

  A local religious leader begins receiving anonymous threatening letters at their home and place of worship. The letters contain specific threats of violence and destruction, explicitly citing the leader's religious affiliation and expressing extreme hatred for their faith.

  Explanation: This involves criminal threats and harassment. The motivation for these threats is the perpetrator's profound prejudice against the victim's religion, as clearly stated in the letters. This makes the threats a hate crime, as they are driven by religious bias.