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Hate crime laws in the United States

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Hate crime laws in the United States are state and federal laws intended to protect against hate crimes (also known as bias crimes). While state laws vary, current statutes permit federal prosecution of hate crimes committed on the basis of a person's characteristics of race, religion, ethnicity, disability, nationality, gender, sexual orientation, and/or gender identity. The U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), and campus police departments are required to collect and publish hate crime statistics.

Federal

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Title I of the Civil Rights Act of 1968

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Further information: Civil Rights Act of 1968 § Title I: Hate crimes

Title I of the Civil Rights Act of 1968, enacted 18 U.S.C. § 245(b)(2), permits federal prosecution of anyone who "willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with ... any person because of his race, color, religion or national origin"[1] or because of the victim's attempt to engage in one of six types of federally protected activities, such as attending school, patronizing a public place/facility, applying for employment, acting as a juror in a state court, or voting.

People convicted of violating this law face a fine or imprisonment of up to one year, or both. If bodily injury results or if such acts of intimidation involve the use of firearms, explosives or fire, individuals can receive prison terms of up to 10 years, while crimes involving kidnapping, sexual assault, or murder can be punishable by life in prison or the death penalty.[2] U.S. District Courts provide for criminal sanctions only. The Violence Against Women Act of 1994 contained a provision at 42 U.S.C. § 13981 which allowed victims of gender-motivated hate crimes to seek "compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate".

Violent Crime Control and Law Enforcement Act (1994)

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Main article: Violent Crime Control and Law Enforcement Act

The Violent Crime Control and Law Enforcement Act, enacted in 28 U.S.C. § 994 note Sec. 280003, requires the United States Sentencing Commission to increase the penalties for hate crimes committed on the basis of the actual or perceived race, color, religion, national origin, ethnicity, or gender of any person. In 1995, the Sentencing Commission implemented these changes to the Federal Sentencing Guidelines, which only apply to federal crimes.[3]

Church Arson Prevention Act (1996)

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The S. 1980 (104th): Church Arson Prevention Act of 1996 was introduced to Congress on June 19, 1996, but died because the Senate Committee found some places for improvement of the bill. It was sponsored by Republican Duncan Faircloth.[4] On May 23, 1996, the House of Representatives introduced H.R. 3525 (104th): Church Arson Prevention Act. The Act was passed by both houses in Congress and signed by President Bill Clinton on July 3, 1996. This bill became law number Pub.L. 104–155. It was sponsored by Republican Henry Hyde.[5] The bill was summarized by the Congressional Research Service as follows: "[the Church Arson Prevention Act of 1996] makes Federal criminal code prohibitions against, and penalties for, damaging religious property or obstructing any person's free exercise of religious beliefs applicable where the offense is in, or affects, interstate commerce."[5] One of the changes in the bill was the sentence increase for "defacing or destroying any religious real property because of race, color, or ethnic characteristics..." from 10 to 20 years. It also changed the statute of limitations from five years to seven years after the date the crime was committed. It reauthorizes the Hate Crimes Statistics Act.[6]

Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2009)

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Main article: Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act

On October 28, 2009, President Obama signed the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, attached to the National Defense Authorization Act for Fiscal Year 2010, which expanded existing United States federal hate crime law to apply to crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability, and dropped the prerequisite that the victim be engaging in a federally protected activity.

Emmett Till Antilynching Act (2022)

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Main article: Emmett Till Antilynching Act

On March 29, 2022, President Joe Biden signed the Emmett Till Antilynching Act, which expanded existing United States federal hate crime law to apply to the crime of lynching, defining it as an act of two or more people in a conspiracy to maim or kill a person based on real or perceived traits of a victim as protected under federal law. It was the first anti-lynching bill to be passed by Congress following over 200 bills filed since the Reconstruction era.

State and district

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Forty-seven states and the District of Columbia have statutes criminalizing various types of bias-motivated violence or intimidation (the exceptions being Arkansas, South Carolina, and Wyoming). Georgia, whose hate crime statute was struck down by the Georgia Supreme Court in 2004,[7] passed a new hate crime law in June 2020.[8] Each of these statutes covers bias on the basis of race, religion, and ethnicity; 34 cover disability; 34 of them cover sexual orientation; 30 cover gender; 22 cover transgender/gender-identity; 14 cover age; 6 cover political affiliation.[9] and 3 along with Washington, D.C. cover homelessness.[10]

Thirty-four states and the District of Columbia have statutes creating a civil cause of action, in addition to the criminal penalty, for similar acts.[9]

Thirty states and the District of Columbia have statutes requiring the state to collect hate crime statistics; 20 of these cover sexual orientation.[9]

Twenty-seven states plus the District of Columbia have statutes that specifically cover gender.[11]

Eighteen states have hate crime laws regarding gender identity.[11]

Three states and the District of Columbia cover homelessness.[10]

State Classes covered Source
  Alabama Race, color, religion, national origin, ethnicity, physical and mental disabilities [12]
  Alaska Race, sex, color, creed, physical or mental disability, ancestry, and national origin [13]
  Arizona Race, color, religion, national origin, sexual orientation, gender, and disability [14][15]
  California Disability, gender 1, nationality, race or ethnicity, religion, sexual orientation, and "association with a person or group" of one of the other classes [16]
  Colorado Race, color, ancestry, religion, national origin, physical or mental disability, gender identity, and sexual orientation [17]
  Connecticut Race, religion, ethnicity, disability, sex, sexual orientation, and gender identity or expression [18]
  Delaware Race, religion, color, disability, sexual orientation, gender identity, national origin, and ancestry [19]
  District of Columbia Race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibility, homelessness, physical disability, matriculation, and political affiliation of a victim [20]
  Florida Race, religion, ethnicity, color, ancestry, sexual orientation, and national origin [21]
  Georgia Race, color, religion, sex, gender 1, disability, sexual orientation, national origin, or ethnicity [22]
  Hawaii Race, religion, disability, ethnicity, national origin, gender identity or expression, and sexual orientation [23]
  Idaho Race, color, ancestry, religion, and national origin [24]
  Illinois Race, color, creed, religion, ancestry, gender 1, sexual orientation, physical or mental disability, and national origin of another individual or group of individuals [25]
  Indiana Color, creed, disability, national origin, race, religion, and sexual orientation [26][27]
  Iowa Race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability, and "the person's association with a person" of one of the other classes [28]
  Kansas Race, color, religion, ethnicity, national origin, and sexual orientation [29]
  Kentucky Race, color, religion, sexual orientation, national origin, and employment as a law enforcement officer, firefighter, or emergency service personnel [30]
  Louisiana Race, age, gender, religion, color, creed, disability, sexual orientation, national origin, ancestry, membership or service in, or employment with, an organization, and employment as a law enforcement officer, firefighter, or emergency medical services personnel [31]
  Maine Race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation or homelessness [32]
  Maryland Race, color, religious beliefs, sexual orientation, gender 1, disability, national origin, and homelessness [33]
  Massachusetts Race, religion, ethnicity, disability, gender, gender identity, and sexual orientation [34]
  Michigan Race, color, religion, gender, or national origin [35]
  Minnesota Race, color, religion, sex 1, sexual orientation, disability, age, and national origin [36]
  Mississippi Race, color, ancestry, ethnicity, religion, national origin, gender, and employment as a law enforcement officer, firefighter or emergency medical technician [37]
  Missouri Race, color, religion, national origin, sex, sexual orientation 1, and disability [38]
  Montana Race, creed, religion, color, and national origin [39]
  Nebraska Race, color, religion, ancestry, national origin, gender, sexual orientation, age, and disability [40]
  Nevada Race, color, religion, national origin, physical or mental disability, sexual orientation, and gender identity [41]
  New Hampshire Religion, race, creed, sexual orientation, national origin, sex, and gender identity [42]
  New Jersey Race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, and ethnicity [43]
  New Mexico Race, religion, color, national origin, ancestry, age, disability, gender, sexual orientation and gender identity [44]
  New York Race, color, national origin, ancestry, gender, gender identity, religion, religious practice, age, disability, and sexual orientation [45]
  North Carolina Race, color, religion, nationality, and country of origin [46]
  North Dakota Sex, race, color, religion, and national origin (applies only to discrimination in public places[47]) [48]
  Ohio Race, ethnic background, and religion [49]
  Oklahoma Race, color, religion, ancestry, national origin, and disability [50]
  Oregon Race, color, religion, gender identity, sexual orientation, disability, and national origin [51]
  Pennsylvania Race, color, religion, and national origin [52]
  Rhode Island Disability, religion, color, race, national origin or ancestry, sexual orientation, and gender 1 [53]
  South Dakota Race, ethnicity, religion, ancestry, or national origin [54]
  Tennessee Race, religion, color, disability, sexual orientation, national origin, ancestry, and gender 1 [55][56]
  Texas Race, color, disability, religion, national origin or ancestry, age, gender, sexual preference, and by status as a peace officer or judge [57]
  Utah age, ancestry, disability, ethnicity, familial status, gender identity, homelessness, marital status, matriculation, national origin, political expression, race, religion, sex, sexual orientation, military service, status as an emergency responder, law enforcement officer, correctional officer, special function officer, or any other peace officer. [58][59]
  Vermont Race, color, religion, national origin, sex, ancestry, age, service in the U.S. Armed Forces, disability, sexual orientation, and gender identity [60]
  Virginia Race, religion, national origin, disability, sexual orientation, gender, and gender identity[61][62] [63][64]
  Washington Race, color, religion, ancestry, national origin, gender, sexual orientation, disability, and gender identity [65][66]
  West Virginia Race, color, religion, ancestry, national origin, political affiliation, and sex [67]
  Wisconsin Race, religion, color, disability, sexual orientation, national origin, and ancestry [68]

Notes:

  • 1 Gender identity covered

Sexual orientation and gender identity

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US state hate crime laws as they pertain to sexual orientation and gender identity.
  Sexual orientation and gender identity recognized in state hate crimes law
  Sexual orientation recognized in state hate crimes law
  Sexual orientation recognized for data collection about hate crimes
  State hate crimes law noninclusive[69][full citation needed]
1983
No LGBT hate crime statute at the state level
1984
California: Sexual orientation covered in hate crime statute[70]
1987
Connecticut: Sexual orientation covered in hate crime statute[71]
1988
Wisconsin: Sexual orientation covered in hate crime statute[72]
1989
Minnesota: Sexual orientation covered in hate crime statute[73]
Nevada: Sexual orientation covered in hate crime statute[74]
Oregon: Sexual orientation covered in hate crime statute[75]
1990
District of Columbia: Sexual orientation and gender identity covered in hate crime statute[76]
New Jersey: Sexual orientation covered in hate crime statute[77]
Vermont: Sexual orientation covered in hate crime statute[78]
1991
Florida: Sexual orientation covered in hate crime statute[79]
Illinois: Sexual orientation covered in hate crime statute[80]
New Hampshire: Sexual orientation covered in hate crime statute[81][82]
1992
Iowa: Sexual orientation covered in hate crime statute[83]
Michigan: Sexual orientation included in hate crime data collection only[84]
1993
Maine: Sexual orientation covered in hate crime statute[85]
Minnesota: Gender identity covered in hate crime statute[86]
Texas: Sexual orientation covered in hate crime statute[87]
Washington: Sexual orientation covered in hate crime statute[88]
1996
Massachusetts: Sexual orientation covered in hate crime statute[89]
1997
Delaware: Sexual orientation covered in hate crime statute[90]
Louisiana: Sexual orientation covered in hate crime statute[91]
Nebraska: Sexual orientation covered in hate crime statute[92]
1998
California: Gender identity covered in hate crime statute[93]
Rhode Island: Sexual orientation covered in hate crime statute[94]
1999
Missouri: Sexual orientation and gender identity covered in hate crime statute[95]
Vermont: Gender identity covered in hate crime statute[78][96]
2000
Georgia: Sexual orientation and gender identity covered in hate crime statute
Indiana: Sexual orientation included in hate crime data collection only[97]
Kentucky: Sexual orientation covered in hate crime statute[98]
New York: Sexual orientation covered in hate crime statute[99][100][101]
Tennessee: Sexual orientation covered in hate crime statute[102]
2002
Kansas: Sexual orientation covered in hate crime statute[103]
Pennsylvania: Sexual orientation and gender identity covered in hate crime statute[104]
Puerto Rico: Sexual orientation and gender identity covered in hate crime statute[105]
2003
Arizona: Sexual orientation covered in hate crime statute
Hawaii: Sexual orientation and gender identity covered in hate crime statute
New Mexico: Sexual orientation and gender identity covered in hate crime statute
2004
Connecticut: Gender identity covered in hate crime statute
Georgia: Sexual orientation and gender identity no longer explicitly listed as protected class in hate crime statute by the Supreme Court of Georgia (U.S. state)
2005
Colorado: Sexual orientation and gender identity covered in hate crime statute
Maryland: Sexual orientation and gender identity covered in hate crime statute
2008
New Jersey: Gender identity covered in hate crime statute
Oregon: Gender identity covered in hate crime statute
Pennsylvania: Sexual orientation and gender identity no longer explicitly listed as protected class in hate crime statute by the Supreme Court of Pennsylvania
2012
Massachusetts: Gender identity covered in hate crime statute[106]
Rhode Island: Gender identity covered in hate crime statute
2013
Delaware: Gender identity covered in hate crime statute
Nevada: Gender identity covered in hate crime statute
2014
United States Virgin Islands: Sexual orientation and gender identity covered in hate crime statute
2016
Illinois: Gender identity covered in hate crime statute[107]
2019
Tennessee: Gender Identity covered in hate crime statute[108]
Indiana: Sexual orientation covered in hate crime statute[109]
Utah: Sexual orientation and gender identity covered in hate crime statute[110]
Maine: Sexual orientation and gender identity covered in hate crime statute[64][111]
New Hampshire: Gender identity covered in hate crime statute[112]
Washington State: Gender identity covered in hate crime statute[113]
New York State: Gender identity covered in hate crime statute[114]
2020
Georgia: Sexual orientation and gender identity covered in hate crime statute[22]
Virginia: Sexual orientation and gender identity covered in hate crime statute[61][62][64]

Police and firefighters

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On May 26, 2016, Louisiana was the first state to add police officers and firefighters to their state hate crime statute, when Governor John Bel Edwards signed an amendment from the legislature into law. This amendment was added, in part, as a response to the Black Lives Matter movement, which seeks to end police brutality against black people, with some advocates of the amendment using the slogan "Blue Lives Matter". Since the inception of Black Lives Matter, critics have found some of the movement's rhetoric anti-police, with the author of the amendment, Lance Harris, stating some "were employing a deliberate campaign to terrorize our officers". Despite the killing of a Texas sheriff in 2015 and the killings of two NYPD officers in the previous year, in response to the death of Eric Garner and the shooting of Michael Brown, there was little to no data suggesting hate crimes against law enforcement were a common problem when the bill was passed.[115][116] A little less than two months after the amendment was passed, Baton Rouge was in the national spotlight after the Baton Rouge Police killing of Alton Sterling by two white police officers. This sparked protests in Baton Rouge, resulting in hundreds of arrests and increased racial tension nationally. In the week during those protests, five police officers were killed in Dallas, and the week after the protests, three more officers were killed in Baton Rouge. Both perpetrators were killed and the motives behind both shootings were responses to the recent killings of Black men by police officers.

In 2017, Kentucky became the second state making it a hate crime to attack police officers or emergency responders.[117] This was part of a trend in "blue lives matter" legislation, encouraged by The Heritage Foundation and ideologues such as Edwin Meese and Bernard Kerik.[118] That same year, Mississippi expanded its hate crime law to cover law enforcement officers, firefighters, and emergency workers.[119] In 2019, Utah added status as a police officer or emergency responder to the list of protected classes.[120] In 2020, Georgia enacted a new law creating the crime of bias-motivated intimidation, applying to attacks on police officers, firefighters, or emergency medical technicians.[121]

Data collection statutes

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Hate Crime Statistics Act of 1990

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Main article: Hate Crime Statistics Act

The Hate Crime Statistics Act of 1990 28 U.S.C. § 534,[122] requires the Attorney General to collect data on crimes committed because of the victim's race, religion, disability, sexual orientation, or ethnicity. The bill was signed into law in 1990 by George H. W. Bush and was the first federal statute to "recognize and name gay, lesbian and bisexual people."[123] Since 1992, the Department of Justice and the FBI have jointly published an annual report on hate crime statistics.[124]

Violent Crime Control and Law Enforcement Act of 1994

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Main article: Violent Crime Control and Law Enforcement Act

In 1994, the Violent Crime Control and Law Enforcement Act expanded the scope of required FBI data to include hate crimes based on disability, and the FBI began collecting data on disability bias crimes on January 1, 1997.[125] In 1996, Congress permanently reauthorized the Act.

Campus Hate Crimes Right to Know Act of 1997

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The Campus Hate Crimes Right to Know Act of 1997 enacted 20 U.S.C. § 1092(f)(1)(F)(ii),[citation needed] which requires campus security authorities to collect and report data on hate crimes committed on the basis of race, gender, religion, sexual orientation, ethnicity, or disability.[citation needed] This bill was brought to the forefront by Senator Robert Torricelli.[citation needed]

Prevalence

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The DOJ and the FBI have gathered statistics on hate crimes reported to law enforcement since 1992 in accordance with the Hate Crime Statistics Act. The FBI's Criminal Justice Information Services Division has annually published these statistics as part of its Uniform Crime Reporting program. According to these reports, of the over 113,000 hate crimes since 1991, 55% were motivated by racial bias, 17% by religious bias, 14% sexual orientation bias, 14% ethnicity bias, and 1% disability bias.[126] David Ray Hate Crimes Prevention Act

Please note that the figures in the table below do not contain data from all reporting agencies every year. 2004 figures covered a population of 254,193,439, 2014 covered 297,926,030.

Victims per Year by Bias Motivation[124]
Department of Justice / FBI Hate Crimes Statistics
Bias Motive 1995 1996[127] 1997[128] 1998[129] 1999[130] 2000[131] 2001[132] 2002[133] 2003[134] 2004[135] 2005[136] 2006[137] 2007[138] 2008[139] 2009[140] 2010[141] 2011[142] 2012[143] 2013[144] 2014[145] 2015[146] 2016[147] 2017[148] 2018[149]
Race 6,438 6,994 6,084 5,514 5,485 5,397 5,545 4,580 4,754 5,119 4,895 5,020 4,956 4,934 4,057 3,949 3,645 3,467 3,563 3,227
Race/Ethnicity/Ancestry 4,216 4,426 5,060 5,155
Religion 1,617 1,535 1,586 1,720 1,686 1,699 2,118 1,659 1,489 1,586 1,405 1,750 1,628 1,732 1,575 1,552 1,480 1,340 1,223 1,140 1,402 1,584 1,749 1,617
Sexual Orientation 1,347 1,281 1,401 1,488 1,558 1,558 1,664 1,513 1,479 1,482 1,213 1,472 1,512 1,706 1,482 1,528 1,572 1,376 1,461 1,248 1,263 1,255 1,338 1,445
Ethnicity/National Origin 1,044 1,207 1,132 956 1,040 1,216 2,634 1,409 1,326 1,254 1,228 1,305 1,347 1,226 1,109 1,122 939 866 821 821
Disability unknown unknown 12 27 23 36 37 50 43 73 54 95 84 85 99 48 61 102 99 96 88 77 160 179
Gender unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown 30 40 30 36 54 61
Gender Identity unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown unknown 33 109 122 131 132 189
Single-Bias 10,446 11,017 10,215 9705 9,792 9,906 11,998 9,211 9,091 9,514 8,795 9,642 9,527 9,683 8,322 8,199 7,697 7,151 7,230 6,681 7,121 7,509 8,493 8,646
Multiple-Bias 23 22 40 17 10 18 22 11 9 14 9 10 8 8 14 9 16 13 12 46 52 106 335 173
Total 10,469 11,039 10,255 9,722 9,802 9,924 12,020 9,222 9,100 9,528 8,804 9,652 9,535 9,691 8,336 8,208 7,713 7,164 7,242 6,727 7,173 7,615 8,828 8,819

Notes: The term victim may refer to a person, business, institution, or society as a whole. Though the FBI has collected UCR data since 1992, reports from 1992-1994 are not available on the FBI website. Single-bias victim totals have been calculated for 1995-1998. Race and Ethnicity/National origin were merged starting in 2015.

2008 Hate Crimes vs. 2008 Crimes per offense type[139][150]
Department of Justice / FBI crimes statistics
Offense type Hate Crimes All US Crimes
Murder and non-negligent manslaughter 7 16,272
Forcible rape 11 89,000
Robbery 145 441,855
Aggravated assault 1,025 834,885
Burglary 158 2,222,196
Larceny-theft 224 6,588,873
Motor vehicle theft 26 956,846

Covering homeless people

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Florida, Maine, Maryland, and Washington, D.C., have hate crime laws that include the homeless status of an individual.[10]

A 2007 study found that the number of violent crimes against the homeless is increasing.[151][152] The rate of such documented crimes in 2005 was 30% higher than of those in 1999.[153] 75% of all perpetrators are under the age of 25. Studies and surveys indicate that homeless people have a much higher criminal victimization rate than the non-homeless, but that most incidents never get reported to authorities.

In recent years, largely due to the efforts of the National Coalition for the Homeless (NCH) and academic researchers the problem of violence against the homeless has gained national attention. The NCH called deliberate attacks against the homeless hate crimes in their report Hate, Violence, and Death on Mainstreet USA (they retain the definition of the American Congress).[154]

The Center for the Study of Hate & Extremism (CSHE) at California State University, San Bernardino in conjunction with the NCH found that 155 homeless people were killed by non-homeless people in "hate killings", while 76 people were killed in all the other traditional hate crime homicide categories such as race and religion, combined.[152] The CSHE contends that negative and degrading portrayals of the homeless contribute to a climate where violence takes place.

Debate

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Main article: Debate over hate crime laws

Penalty-enhancement hate crime laws are traditionally justified on the grounds that, in Chief Justice Rehnquist's words, "this conduct is thought to inflict greater individual and societal harm.... bias-motivated crimes are more likely to provoke retaliatory crimes, inflict distinct emotional harms on their victims, and incite community unrest."[155]

Coverage of white victims

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There is disagreement about whether crimes against white people should receive the same treatment as other racial groups. The FBI listed 775 victims of anti-white hate crimes in 2019, more than victims of anti-Asian or anti-Arab hate crimes but less than victims of anti-black hate crimes.[156] Between 2008 and 2012, anti-white hate crimes were the 3rd most common form of hate crimes, behind anti-black and anti-LGBT hate crimes (see detailed Hate crime#Victims in the United States).

In a 2001 report, Hate crimes on campus: the problem and efforts to confront it, by Stephen Wessler and Margaret Moss of the Center for the Prevention of Hate Violence at the University of Southern Maine,[157] the authors note that "although there are fewer hate crimes directed against Caucasians than against other groups, they do occur and are prosecuted."[158] The case in which the Supreme Court upheld hate crimes legislation against First Amendment attack, Wisconsin v. Mitchell, 508 U.S. 476 (1993), involved a white victim.[155] Hate crime statistics published in 2002, gathered by the FBI under the auspices of the Hate Crime Statistics Act of 1990, documented over 7,000 hate crime incidents, in roughly one-fifth of which the victims were white people.[159] However, these statistics have caused dispute. The FBI's hate crimes statistics for 1993, which similarly reported 20% of all hate crimes to be committed against white people, prompted Jill Tregor, executive director of Intergroup Clearinghouse, to decry it as "an abuse of what the hate crime laws were intended to cover", stating that the white victims of these crimes were employing hate crime laws as a means to further penalize minorities.[160]

James B. Jacobs and Kimberly Potter note that white people, including those who may be sympathetic to the plight of those who are victims of hate crimes by white perpetrators, bristle at the notion that hate crimes against whites are somehow inferior to, and less worthy than, hate crimes against other groups. They observe that while, as stated by Altschiller, no hate crime law makes any such distinction, the proposition has been argued by "a number of writers in prominent publications", who have advocated the removal of hate crimes against whites from the category of hate crime, on the grounds that hate crime laws, in their view, are intended to be affirmative action for "protected groups". Jacobs and Potter firmly assert that such a move is "fraught with potential for social conflict and constitutional concerns."[160]

See also

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References

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  1. ^ "Federally Protected Activities". United States Department of Justice, Civil Rights Division. Archived from the original on 1 January 2011.
  2. ^ "Federal Civil Rights Statutes". Federal Bureau of Investigation.
  3. ^ "Hate Crime Sentencing Act". Anti-Defamation League. Archived from the original on 7 July 2009. Retrieved 10 December 2009.
  4. ^ "S. 1890 (104th): Church Arson Prevention Act of 1996". GovTrack.us. Civic Impulse, LLC. Retrieved 13 November 2014.
  5. ^ a b "H.R. 3525 (104th): Church Arson Prevention Act of 1996". GovTrack.us. Civic Impulse, LLC. Retrieved 13 November 2014.
  6. ^ "Civil Rights Monitor". The Leadership Conference. The Leadership Conference Education Fund. Archived from the original on 2014-11-29. Retrieved 19 November 2014.
  7. ^ "Nation In Brief". The Washington Post. 2004-10-26. Retrieved 2010-05-04.
  8. ^ "Georgia's Kemp signs hate crimes law after outcry over death". AP NEWS. 2020-06-26. Retrieved 2020-06-30.
  9. ^ a b c "Anti-Defamation League State Hate Crime Statutory Provision" (PDF). Anti-defamation League. 2006. Archived from the original (PDF) on June 14, 2007. Retrieved April 1, 2021.
  10. ^ a b c "Florida among first states to make attacks on homeless hate crimes". Retrieved May 25, 2010. May 18, 2010, Orlando Sentinel, Quote: "Florida becomes only the fourth jurisdiction to make attacks on homeless people a hate crime – behind Maryland, Maine and Washington, D.C."
  11. ^ a b "ADL Hate Crime Map". Anti-Defamation League. Retrieved April 8, 2021.
  12. ^ Alabama State Legislature. "Section 13A-5-13 - Crimes motivated by victim's race, color, religion, national origin, ethnicity, or physical or mental disability". Code of Alabama. Retrieved 19 June 2019.
  13. ^ AS 12.55.155
  14. ^ Arizona State Legislature. "Section 13-701. Sentence of imprisonment for felony; presentence report; aggravating and mitigating factors; consecutive terms of imprisonment; definition". Arizona Revised Statutes. Retrieved 22 June 2019. 15. Evidence that the defendant committed the crime out of malice toward a victim because of the victim's identity in a group listed in section 41-1750, subsection A, paragraph 3 or because of the defendant's perception of the victim's identity in a group listed in section 41-1750, subsection A, paragraph 3.
  15. ^ Arizona State Legislature. "Section 41-1750. Central state repository; department of public safety; duties; funds; accounts; definitions". Arizona Revised Statutes. Retrieved 22 June 2019.
  16. ^ California State Legislature (2004). "CHAPTER 1. Definitions [422.55 - 422.57]". Penal Code of California. Retrieved 22 June 2019.
  17. ^ Colorado General Assembly. "Section 18-9-121. Bias-motivated crimes". Colorado Revised Statutes. LexisNexis. Retrieved 22 June 2019.
  18. ^ Connecticut General Assembly. "Chapter 952 - Penal Code: Offenses". General Statutes of Connecticut. Retrieved 22 June 2019. Sec. 53a-181j. Intimidation based on bigotry or bias in the first degree: Class C felony [infra]
  19. ^ Delaware General Assembly. "TITLE 11 - CHAPTER 5. SPECIFIC OFFENSES - Subchapter VII. Offenses Against Public Health, Order and Decency". Delaware Code Online. Retrieved 22 June 2019. § 1304 Hate crimes; class A misdemeanor, class G felony, class F felony, class E felony, class D felony, class C felony, class B felony, class A felony. [infra]
  20. ^ Council of the District of Columbia. "Chapter 37. Bias-Related Crime". Code of the District of Columbia. Retrieved 22 June 2019.
  21. ^ Florida Legislature. "877.19 Hate Crimes Reporting Act.—". 2018 Florida Statutes. Retrieved 22 June 2019.
  22. ^ a b Slotkin, Jason (June 25, 2020). "After Ahmaud Arbery's Killing, Georgia Governor Signs Hate Crimes Legislation". NPR. Retrieved April 1, 2021.
  23. ^ Hawaii Legislature. "§846-51 Definitions". 2018 Hawaii Revised Statutes. Retrieved 4 July 2019.
  24. ^ Idaho Legislature. "Section 18-7901. PURPOSE". Idaho Statutes. Retrieved 4 July 2019.
  25. ^ Illinois General Assembly. "Article 12 - Subdivision 15. Intimidation". Retrieved 4 July 2019. Sec. 12-7.1. Hate crime. [infra]
  26. ^ Senate Bill 198. Indiana General Assembly. 2019. p. 2. Retrieved 4 July 2019.
  27. ^ Indiana General Assembly. "IC 10-13-3-1 "Bias crime"". Indiana Code. Retrieved 4 July 2019.
  28. ^ Iowa Legislature. "CHAPTER 729A - VIOLATION OF INDIVIDUAL RIGHTS — HATE CRIMES". Iowa Code. Retrieved 4 July 2019.
  29. ^ Kansas State Legislature. "21-6815. Imposition of presumptive sentence; jury requirements; departure sentencing; substantial and compelling reasons for departure; mitigating and aggravating factors". Kansas Statutes. Retrieved 4 July 2019. (C) The offense was motivated entirely or in part by the race, color, religion, ethnicity, national origin or sexual orientation of the victim or the offense was motivated by the defendant's belief or perception, entirely or in part, of the race, color, religion, ethnicity, national origin or sexual orientation of the victim whether or not the defendant's belief or perception was correct.
  30. ^ Kentucky State Legislature. "532.031 Hate crimes -- Finding – Effect -- Definitions" (PDF). Kentucky Revised Statutes. Retrieved 8 July 2019.
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  55. ^ Tennessee General Assembly. "§ 40-35-114. Enhancement factors". Tennessee Code Unannotated. LexisNexis. Retrieved 10 July 2019. (17) The defendant intentionally selected the person against whom the crime was committed or selected the property that was damaged or otherwise affected by the crime, in whole or in part, because of the defendant's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin, ancestry or gender of that person or the owner or occupant of that property; however, this subdivision (17) should not be construed to permit the enhancement of a sexual offense on the basis of gender selection alone;
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  82. ^ "Docket of HB1299". Gencourt.state.nh.us. Retrieved 2013-12-05.
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  84. ^ "Section 28.257a Crimes motivated by prejudice or bias; report". Michigan Legislature.
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  90. ^ "Chapter 175, Formerly Senate Bill No. 53, As Amended by Senate Amendment No. 1: An Act to Amend Title I1 of the Delaware Code Relating to Hate Crimes". Delaware Code Online. State of Delaware.
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  156. ^ "2019 hate crime statistics". Federal Bureau of Investigation. Retrieved 30 April 2021.
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  158. ^ Donald Altschiller (2005). Hate crimes: a reference handbook. Contemporary world issues (2nd ed.). ABC-CLIO. pp. 146. ISBN 9781851096244.
  159. ^ Joel Samaha (2005). Criminal justice (7th ed.). Cengage Learning. p. 44. ISBN 9780534645571.
  160. ^ a b Jacobs, James B.; Potter, Kimberly (2000). Hate crimes: criminal law & identity politics. Studies in Crime and Public Policy. Oxford University Press, USA. p. 134. ISBN 9780198032229. When the FBI's 1993 hate crime statistics reported that whites comprised 20 percent of all hate crime victims, some advocacy groups questioned whether the hate crime laws were being perverted.12 Jill Tregor, executive director of the San Francisco-based Intergroup Clearinghouse, which provides legal and emotional counseling to hate crime victims, stated, "This is an abuse of what the hate crime laws were intended to cover."13 Tregor accused white hate crime victims of using the laws to enhance penalties against minorities, who already experience prejudice within the criminal justice system.14 Whites, generally sympathetic to the aspirations of minorities, may bristle at the suggestion that crimes motivated by blacks' racism against whites should be treated as a less virulent strain of hate crime, or not as hate crime at all. While no enacted hate crime law makes that distinction, a number of writers in prominent publications, likening hate crime laws to affirmative action for "protected groups," advocate the exclusion of racist crimes against whites from their coverage.15 This issue alone seems fraught with potential for social conflict and constitutional concerns.
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