In this scenario there is a crime and hate, but it is unclear if hate is the motivating factor in the crime. It is unclear if this is a hate crime because without additional detail, we do not know if the perpetrator’s decision to commit the robbery was motivated by hate or another factor. Scenario B: A person robs another and uses hateful language during the robbery. In this scenario there is a crime, hate, and the hate is the motivating factor in the crime. Scenario A: A person assaults another outside of a club because of their perceived race, religion, sexual identity, or other protected class. Sometimes these legal nuances are best understood through scenarios. Speech is often used as evidence of the bias-motivation but is not a crime in and of itself. Hateful speech alone is not a hate crime, regardless of how offensive and abhorrent it may be. If one of these components is missing, or if the motivation is unclear, it is unlikely to meet the specific legal standards of a hate crime.Īn act or incident of hate, bias or discrimination that is not a crime, however, may nonetheless violate other laws, or may require de-escalation or restorative justice efforts, and should still be reported. What is not a hate crime?Ī crime that is motivated by hate is a hate crime. For an overview of federal hate crimes and related federal laws, see the Department of Justice’s Hate Crime Laws page. Survivors of hate crimes are singled out simply because of their actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability. Civil Remedies for Survivors : Survivors who are injured or whose property is damaged as a result of a bias-related crime may also seek civil action for relief, separate from any criminal action the government pursues.Ī federal hate crime is a crime that is committed against a person because of prejudice or bias.Potential for Increased Fines and Imprisonment for Perpetrators : When a person is charged with and found guilty of a bias-related crime, they are subject to higher penalties – including sentences up to 1.5 times the maximum fine and period of incarceration for the underlying crime.The District’s Bias-Related Crimes Act of 1989 provides for increased penalties whenever a crime is motivated by bias or hate. In the District, a hate or “bias-related crime” is defined as a criminal act that demonstrates prejudice based on someone’s actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibility, homelessness, physical disability, matriculation, or political affiliation. The legal definitions of a hate crime vary between states and the federal government. What is a hate crime or bias-related crime?Ī hate crime or bias-related crime is a crime that is committed against a person or group of people because of bias or prejudice.
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