Legal Definitions - Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act

The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act is a significant federal law passed in 2009. It expanded the authority of federal agencies, such as the FBI, to investigate violent crimes motivated by prejudice, and also provided funding to state and local law enforcement agencies to assist in their own hate crime investigations.

Before this Act, federal hate crime laws were more limited. This legislation specifically broadened the categories of protected characteristics to include violent acts committed because of a victim's actual or perceived:

• Gender
• Disability
• Sexual Orientation
• Gender Identity

It's important to note that the Act applies only to actual acts of violence, not to threats, verbal harassment, or other non-violent conduct. The Act is named in memory of Matthew Shepard, a gay student murdered in 1998, and James Byrd Jr., an African American man murdered by white supremacists in the same year, whose tragic deaths highlighted gaps in existing hate crime legislation.

Here are some examples of situations where the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act would apply:

• Example 1: Assault Based on Sexual Orientation

  A group of individuals physically assaults a person, causing serious injuries, after hearing them discuss their same-sex partner. During the attack, the assailants make derogatory comments about the victim's sexual orientation. Under the Act, federal authorities could assist local police in investigating this incident as a hate crime, or even take over the prosecution, because the violence was motivated by the victim's perceived sexual orientation.

• Example 2: Violence Targeting a Person with a Disability

  An individual with a visible physical disability is attacked and severely beaten by someone who explicitly states they are targeting the victim because of their disability, using hateful language related to their condition. This violent assault, motivated by the victim's disability, would fall under the expanded protections of the Act, allowing for federal involvement in the investigation and potential prosecution.

• Example 3: Attack Based on Gender Identity

  A transgender woman is ambushed and brutally attacked, suffering multiple broken bones, by assailants who repeatedly use transphobic slurs and state their intent to harm her because she is transgender. This act of violence, driven by prejudice against the victim's gender identity, would be covered by the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, enabling federal intervention to ensure justice is pursued.