State Statutes Governing Hate Crimes
Alison M. Smith
Legislative Attorney
Cassandra L. Foley
Law Librarian
September 28, 2010
Congressional Research Service
7-5700
www.crs.gov
RL33099
CRS Report for Congress
P
repared for Members and Committees of Congress
State Statutes Governing Hate Crimes
Summary
Concerns about hate crimes have become increasingly prominent among policymakers at all
levels of government in recent years. The Violent Crime Control and Law Enforcement Act of
1994 (P.L. 103-322, Title XXVIII §280003a) defines a “hate crime” as one in “which the
defendant intentionally selects a victim, or in the case of property crime, the property that is the
object of the crime” motivated by prejudice based on the “race, color, religion, national origin,
ethnicity, gender, disability, or sexual orientation” of the victim. Current federal law permits
prosecution of hate crimes committed on the basis of the victim’s race, color, religion, or national
origin while the victim was engaged in a federally protected activity such as voting or attending
school. On October 28, 2009, the President signed the Matthew Shepard and James Byrd, Jr. Hate
Crimes Prevention Act (P.L. 111-84, codified at 18 U.S.C. § 249). This law expands the scope of
hate crime victims to include gender identity and disability. In addition, the law broadens the
circumstances under which the federal government may assert jurisdiction to prosecute such
crimes. For hate crimes prosecuted federally under these provisions, the law requires that the
Attorney General certify that pertinent state or local officials (1) were unable or unwilling to
prosecute, (2) favored federal prosecution, or (3) prosecuted, but the investigation’s or trial’s
results failed to satisfy the federal interest to combat hate crimes.
Although there is federal legislation in place, many states have enacted some form of ethnic
intimidation law or bias-motivated sentence-enhancement factors in attempts to curtail hate
crimes. In some instances, state statutes afford broader protection to include sexual orientation,
mental or physical disability, age, and/or marital status. This report summarizes state statutes
governing hate crimes and will be updated periodically as legislative actions occur.
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State Statutes Governing Hate Crimes
his report compiles state statutes pertaining to hate crimes. The Violent Crime Control and
Law Enforcement Act of 1994 defines hate crime in §280003a as a “crime in which the
T defendant intentionally selects a victim, or in the case of property crime, the property that
is the object of the crime” motivated by prejudice based on the “race, color, religion, national
origin, ethnicity, gender, disability, or sexual orientation” of the victim.1 State hate crime statutes
vary in the protection offered to victims. At least 10 states and the District of Columbia have
enacted hate crime laws that cover gender identity and sexual orientation. At least 21 states have
criminal legislation that addresses gender-identity motivated crimes. There appear to be at least
25 states that protect potential victims of sexual orientation. Additionally, at least 22 states
address bias-motivated crimes, among other factors, contingent on disability.
States have various statutory provisions covering hate crimes. These provisions include ones that:
(1) criminalize destruction of religious institutions; (2) criminalize bias-motivated violence and
intimidation; (3) mandate reporting of hate crimes; (4) mandate training for state police officers in
recognizing and reporting hate crimes; and (5) prohibit infringement on another person’s civil
rights. At least 45 states and the District of Columbia have statutes with penalties for bias-
motivated crimes. States with comprehensive hate crime statutes provide specific penalty
enhancements to deter hate crimes. Associated criminal statutes for each state that are more
general in scope are also included in this report.
In compiling the state laws, current LexisNexis versions of state codes and statutes as well as
hard copy state codes were used for research. Additionally, useful research stemmed from the use
of individual state law libraries and contacts with State District Attorney’s offices, as well as
human rights organizations.
1 P.L. 103-322, 108 Stat. 2096 (1994).
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State Statutes Governing Hate Crimes
Table 1. State Statutes Governing Hate Crimes
Alabama
Crime/Penalty Yes
Ala. Code § 13A-5-13 (2010)—Imposes additional penalties for hate crimes where
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the defendant knowingly directed the conduct constituting the offense at a victim
because of that person’s race, sex, color, creed, physical or mental disability,
ancestry, or national origin.
Ala. Code § 13A-6-28 (2010)—A person commits the crime of cross or the
American flag burning if he or she, with the intent to intimidate any person or
group of persons, burns, or causes to be burned, a cross or the American flag on
the property of another, a highway, or other public place.
Institutional
Yes
Ala. Code § 13A-11-12 (2010)—A person commits the crime of desecration of
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venerated objects if he intentionally desecrates any public monument or structure
or place of worship.
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
Alaska
Crime/Penalty Yes
Alaska Stat. § 12.55.155 (2010)—The following factors shall be considered by the
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sentencing court if proven in accordance with this section, and may al ow
imposition of a sentence above the presumptive range set out in AS 12.55.125: the
defendant knowingly directed the conduct constituting the offense at a victim
because of that person’s race, sex, color, creed, physical or mental disability,
ancestry, or national origin.
Alaska Stat. § 11.76.110 (2010)—A person commits the crime of interference with
constitutional rights if the person injures, oppresses, threatens, or intimidates
another person with intent to deprive that person of a right, privilege, or immunity
in fact granted by the constitution or laws of this state.
Institutional
No No statute found.
Vandalism
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
Arizona
Crime/Penalty Yes
Ariz. Rev. Stat. § 13-701 (2010)—Identifies as an aggravating sentencing factor
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evidence that the defendant committed the crime out of malice toward a victim
because of the victim’s identity in a group or because of the defendant's perception
of the victim's identity in a group listed in section 41-1750, subsection A, paragraph
3 [race, color, religion, national origin, sexual orientation, gender or disability].
Ariz. Rev. Stat. § 13-1707 (2010)—It is unlawful for a person to burn or cause to be
burned a cross on the property of another person without that person's
permission or on a highway or any other public place with the intent to intimidate
any person or group of persons.
Ariz. Rev. Stat. § 13-1708 (2010)—Unlawful symbol burning; classification
It is unlawful for a person to burn or cause to be burned any symbol not addressed
by section 13-1707 on the property of another person without that person's
permission or on a highway or any other public place with the intent to intimidate
any person or group of persons. The intent to intimidate may not be inferred
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State Statutes Governing Hate Crimes
solely from the act of burning the symbol, but shall be proven by independent
evidence.
Institutional
Yes
Ariz. Rev. Stat. § 13-1604 (2010)—A person commits aggravated criminal damage by
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intentionally or recklessly without the express permission of the owner defacing,
damaging or in any way changing the appearance of any building, structure, personal
property or place used for worship or any religious purpose.
Data
Yes
Ariz. Rev. Stat. § 41-1750 (2010)—The Department of Public Safety shal col ect
Collection
information concerning criminal offenses that manifest evidence of prejudice based
on race, color, religion, national origin, sexual orientation, gender or disability.
Law
No No statute found.
Enforcement
Training
Arkansas
Crime/Penalty No No statute found.
Enforcement
Institutional
Yes
Ark. Code. Ann. § 5-38-301(2010)— A person commits arson if he or she starts a
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fire or causes an explosion with the purpose of destroying or otherwise damaging
any dedicated church property used as a place of worship exempt from taxes
pursuant to § 26-3-301.
Ark. Code Ann. § 5-71-207 (2010)— A person commits the offense of disorderly
conduct if, with the purpose to cause public inconvenience, annoyance, or alarm or
recklessly creating a risk of public inconvenience, annoyance, or alarm, he or she, in
a public place, mars, defiles, desecrates, or otherwise damages a patriotic or
religious symbol that is an object of respect by the public or a substantial segment
of the public.
Ark. Code Ann. § 5-71-215 (2010)—A person commits the offense of defacing
objects of public respect if he or she purposely defaces, mars, desecrates, or
otherwise damages any place of worship.
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
California
Crime/Penalty Yes
Cal. Penal Code § 422.55 (2010)—Hate crime means a criminal act committed, in
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whole or in part, because of one or more of the fol owing actual or perceived
characteristics of the victim: disability, gender, nationality, race or ethnicity,
religion, sexual orientation, or association with a person or group with one or
more of these actual or perceived characteristics.
Cal. Penal Code § 422.6 (2010)—No person, whether or not acting under color of
law, shall by force or threat of force, willfully injure, intimidate, interfere with,
oppress, or threaten any other person in the free exercise or enjoyment of any
right or privilege secured to him or her by the Constitution or laws of this state or
by the Constitution or laws of the United States in whole or in part because of one
or more of the actual or perceived characteristics of the victim listed in subdivision
(a) of Section 422.55.
Cal. Penal Code § 422.7 (2010)—Additional punishment for hate crime committed
for purpose of intimidating or interfering with constitutional rights of another.
Cal. Penal Code § 422.75 (2010)—(a) Except in the case of a person punished under
Section 422.7, a person who commits a felony that is a hate crime or attempts to
commit a felony that is a hate crime, shal receive an additional term of one, two,
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State Statutes Governing Hate Crimes
or three years in the state prison, at the court’s discretion. (b) Except in the case
of a person punished under Section 422.7 or subdivision (a) of this section, any
person who commits a felony that is a hate crime, or attempts to commit a felony
that is a hate crime, and who voluntarily acted in concert with another person,
either personal y or by aiding and abetting another person, shal receive an
additional two, three, or four years in the state prison, at the court's discretion.
Cal. Penal Code § 422.76 (2010)—Except where the court imposes additional
punishment under Section 422.75 or in a case in which the person has been
convicted of an offense subject to Section 1170.8, the fact that a person committed
a felony or attempted to commit a felony that is a hate crime shall be considered a
circumstance in aggravation of the crime in imposing a term under subdivision (b)
of Section 1170.
Cal. Penal Code § 11411 (2010)—Penalties for (a) any person who hangs a noose,
knowing it to be a symbol representing a threat to life, on the property of another,
without authorization, for the purpose of terrorizing the owner or occupant of
that private property or in reckless disregard of the risk of terrorizing the owner
or occupant of that private property, or who hangs a noose, knowing it to be a
symbol representing a threat to life, on the property of a primary school, junior
high school, high school, college campus, public park, or place of employment, for
the purpose of terrorizing any person who attends or works at the school, park,
or place of employment, or who is otherwise associated with the school, park, or
place of employment; (b) any person who places or displays a sign, mark, symbol,
emblem, or other physical impression, including, but not limited to, a Nazi swastika
on the private property of another, without authorization, for the purpose of
terrorizing the owner or occupant of that private property or in reckless disregard
of the risk of terrorizing the owner or occupant of that private property; (c) any
person who engages in a pattern of conduct for the purpose of terrorizing the
owner or occupant of private property or in reckless disregard of terrorizing the
owner or occupant of that private property, by placing or displaying a sign, mark,
symbol, emblem, or other physical impression, including, but not limited to, a Nazi
swastika, on the private property of another on two or more occasions;
Institutional
Yes
Cal. Penal Code § 422.6 (2010)—No person, whether or not acting under color of
Vandalism
law, shall knowingly deface, damage, or destroy the real or personal property of
any other person for the purpose of intimidating or interfering with the free
exercise or enjoyment of any right or privilege secured to the other person by the
Constitution or laws of this state or by the Constitution or laws of the United
States, in whole or in part because of one or more of the actual or perceived
characteristics of the victim listed in subdivision (a) of Section 422.55.
Cal. Penal Code § 11413 (2010)—Any person who explodes, ignites, or attempts to
explode or ignite any destructive device or any explosive, or who commits arson,
in or about any of the places listed in subdivision (b), for the purpose of terrorizing
another or in reckless disregard of terrorizing another is guilty of a felony,
Subdivision applies to the following places: any church, temple, synagogue, mosque,
or other place of worship.
Data
Yes
Cal. Penal Code § 13023 (2010)—The Attorney General shall direct local law
Collection
enforcement agencies to report to the Department of Justice, in a manner to be
prescribed by the Attorney General any information that may be required relative
to hate crimes.
Law
Yes
Cal. Penal Code § 13519.6 (2010)—The Commission on Peace Officer Standards
Enforcement
and Training shall develop guidelines and a course of instruction and training for
Training
law enforcement officers who are employed as peace officers, or who are not yet
employed as a peace officer but are enrolled in a training academy for law
enforcement officers, addressing hate crimes.
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State Statutes Governing Hate Crimes
Colorado
Crime/Penalty Yes
Colo. Rev. Stat. § 18-9-121 (2010)— It is the right of every person, regardless of
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race, color, ancestry, religion, national origin, physical or mental disability, or sexual
orientation to be secure and protected from fear, intimidation, harassment, and
physical harm caused by the activities of individuals and groups. A person commits
a bias-motivated crime if, with the intent to intimidate or harass another person
because of that person's actual or perceived race, color, religion, ancestry, national
origin, physical or mental disability, or sexual orientation, he or she: (a) knowingly
causes bodily injury to another person; or (b) By words or conduct, knowingly
places another person in fear of imminent lawless action directed at that person or
that person's property and such words or conduct are likely to produce bodily
injury to that person or damage to that person's property; or (c) knowingly causes
damage to or destruction of the property of another person.
Institutional
Yes
Colo. Rev. Stat. § 18-9-113 (2010)—A person commits a class 1 misdemeanor if he
Vandalism
knowingly desecrates any place of worship.
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
Connecticut
Crime/Penalty Yes
Conn. Gen. Stat. § 53a-40a (2010)—When any person has been found to be a
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persistent offender of crimes involving bigotry or bias the court shall: impose the
sentence of imprisonment authorized by said section for the next more serious
degree of misdemeanor, except that if the crime is a class A misdemeanor the
court shall impose the sentence of imprisonment for a class D felony as authorized
by section 53a-35a.
Conn. Gen. Stat. § 53-37a (2010)—Any person who, with the intent to subject, or
cause to be subjected, any other person to the deprivation of any rights, privileges
or immunities, secured or protected by the Constitution or laws of this state or of
the United States, on account of religion, national origin, alienage, color, race, sex,
sexual orientation, blindness or physical disability, violates the provisions of section
46a-58 while wearing a mask, hood or other device designed to conceal the
identity of such person shall be guilty of a class D felony.
Conn. Gen. Stat. § 53a-181j (2010)—A person is guilty of intimidation based on
bigotry or bias in the first degree when such person maliciously, and with specific
intent to intimidate or harass another person because of the actual or perceived
race, religion, ethnicity, disability, sexual orientation or gender identity or
expression of such other person, causes serious physical injury to such other
person or to a third person.
Conn. Gen. Stat. § 53a-181k (2010)—A person is guilty of intimidation based on
bigotry or bias in the second degree when such person maliciously, and with
specific intent to intimidate or harass another person because of the actual or
perceived race, religion, ethnicity, disability, sexual orientation or gender identity
or expression of such other person, does any of the fol owing: (1) Causes physical
contact with such other person, (2) damages, destroys or defaces any real or
personal property of such other person, or (3) threatens, by word or act, to do an
act described in subdivision (1) or (2) of this subsection, if there is reasonable
cause to believe that an act described in subdivision (1) or (2) of this subsection
will occur.
Conn. Gen. Stat. § 53a-181l (2010)—A person is guilty of intimidation based on
bigotry or bias in the third degree when such person, with specific intent to
intimidate or harass another person or group of persons because of the actual or
perceived race, religion, ethnicity, disability, sexual orientation or gender identity
or expression of such other person or persons: (1) Damages, destroys or defaces
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State Statutes Governing Hate Crimes
any real or personal property, or (2) threatens, by word or act, to do an act
described in subdivision (1) of this subsection or advocates or urges another
person to do an act described in subdivision (1) of this subsection, if there is
reasonable cause to believe that an act described in said subdivision will occur.
Institutional
Yes
Conn. Gen. Stat. § 46a-58 (2010)—(a) It shal be a discriminatory practice in
Vandalism
violation of this section for any person to subject, or cause to be subjected, any
other person to the deprivation of any rights, privileges or immunities, secured or
protected by the Constitution or laws of this state or of the United States, on
account of religion, national origin, alienage, color, race, sex, sexual orientation,
blindness or physical disability. Any person who intentionally desecrates any public
property, monument or structure, or any religious object, symbol or house of
religious worship, or any cemetery, or any private structure not owned by such
person, shall be in violation of subsection (a) of this section. Any person who
places a burning cross or a simulation thereof on any public property, or on any
private property without the written consent of the owner, shall be in violation of
subsection (a) of this section. Any person who places a noose or a simulation
thereof on any public property, or on any private property without the written
consent of the owner, and with intent to intimidate or harass any other person on
account of religion, national origin, alienage, color, race, sex, sexual orientation,
blindness or physical disability, shall be in violation of subsection (a) of this section.
Data
Yes
Conn. Gen. Stat. § 29-7m (2010)—The Division of State Police within the
Collection
Department of Public Safety shall monitor, record and classify all crimes committed
in the state which are motivated by bigotry or bias. The police department,
resident state trooper or constable who performs law enforcement duties for each
town shall monitor, record and classify all crimes committed within such town
which are violations of section 53a-181j, 53a-181k or 53a-181l and report such
information to the Division of State Police within the Department of Public Safety.
Law
Yes
Conn. Gen. Stat. § 7-294n (2010)—Each police basic or review training program
Enforcement
conducted or administered by the Division of State Police within the Department
Training
of Public Safety, the Police Officer Standards and Training Council established
under section 7-294b or a municipal police department in the state shal include
training relative to crimes motivated by bigotry or bias.
Delaware
Crime/Penalty Yes
Del. Code Ann. tit. 11, § 1304 (2010)—Imposes additional penalties for hate crimes
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where it is shown that a perpetrator selected the victim because of the victim’s
race, religion, color, disability, sexual orientation, national origin or ancestry.
Del. Code Ann. tit. 11, § 1301 (2010)—A person is guilty of disorderly conduct
when Congregating with other persons in a public place while wearing masks,
hoods or other garments rendering their faces unrecognizable, for the purpose of
and in a manner likely to imminently subject any person to the deprivation of any
rights, privileges or immunities secured by the Constitution or laws of the United
States of America.
Del. Code Ann. tit. 11, § 805 (2010)—A person is guilty of cross or religious symbol
burning when the person burns, or causes to be burned, any cross or other
religious symbol, upon any private or public property without the express written
consent of the owner of such property and without a minimum of 48 hours
advanced notification of the proposed burning to the fire board or cal board of the
county in which the burning is to take place.
Institutional
Yes
Del. Code Ann. tit. 11, § 1331 (2010)—A person is guilty of desecration if the
Vandalism
person intentionally defaces, damages, pollutes or otherwise physically mistreats
any public monument or structure, any place of worship, the national flag or any
other object of veneration by the public or a substantial segment thereof, in a
public place and in a way in which the actor knows will outrage the sensibilities of
persons likely to observe or discover the actions.
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State Statutes Governing Hate Crimes
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
District of Columbia
Crime/Penalty Yes
D.C. Code § 22-3701 (2010)—Bias-related crime means a designated act that
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demonstrates an accused’s prejudice based on the actual or perceived race, color,
religion, national origin, sex, age, marital status, personal appearance, sexual
orientation, or gender identity or expression, family responsibility, physical
disability, matriculation, or political affiliation of a victim of the subject designated
act.
D.C. Code § 22-3703 (2010)— A person charged with and found guilty of a bias-
related crime shal be fined not more than 1½ times the maximum fine authorized
for the designed act and imprisoned for not more than 1 ½ times the maximum
term authorized for the designed act.
D.C. Code § 22-3704 (2010)—Irrespective of any criminal prosecution or the result
of a criminal prosecution, any person who incurs injury to his or her person or
property as a result of an intentional act that demonstrates an accused's prejudice
based on the actual or perceived race, color, religion, national origin, sex, age,
marital status, personal appearance, sexual orientation, gender identity or
expression, family responsibilities, homelessness, physical disability, matriculation,
or political affiliation of a victim of the subject designated act shall have a civil cause
of action in a court.
D.C. Code § 22-3312.03 (2009)—No person or persons over 16 years of age, while
wearing any mask, hood, or device whereby any portion of the face is hidden,
concealed, or covered as to conceal the identity of the wearer With the intent, by
force or threat of force, to injure, intimidate, or interfere with any person because
of his or her exercise of any right secured by federal or District of Columbia laws,
or to intimidate any person or any class of persons from exercising any right
secured by federal or District of Columbia laws.
Institutional
Yes
D.C. Code § 22-3312.02 (2010)—It shal be unlawful for any person to burn,
Vandalism
desecrate, mar, deface, or damage a religious or secular symbol on any private
premises or property in the District of Columbia primarily used for religious,
educational, residential, memorial, charitable, or cemetery purposes, or for
assembly by persons of a particular race, color, creed, religion, or any other
category listed in § 2-1401.01, or on any public property in the District of
Columbia; or to place or to display in any of these locations a sign, mark, symbol,
emblem, or other physical impression including, but not limited to, a Nazi swastika,
a noose, or any manner of exhibit which includes a burning cross, real or
simulated, where it is probable that a reasonable person would perceive that the
intent is: (1) To deprive any person or class of persons of equal protection of the
law or of equal privileges and immunities under the law, or for the purpose of
preventing or hindering the constituted authorities of the United States or the
District of Columbia from giving or securing to all persons within the District of
Columbia equal protection of the law; (2) To injure, intimidate, or interfere with
any person because of his or her exercise of any right secured by federal or
District of Columbia laws, or to intimidate any person or any class of persons from
exercising any right secured by federal or District of Columbia laws; (3) To
threaten another person whereby the threat is a serious expression of an intent to
inflict harm; or (4) To cause another person to fear for his or her personal safety,
or where it is probable that reasonable persons will be put in fear for their
personal safety by the defendant's actions, with reckless disregard for that
probability.
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State Statutes Governing Hate Crimes
Data
Yes
D.C. Code § 22-3702 (2010)—The Mayor shall collect and compile data on the
Collection
incidence of bias-related crime.
Law
No No statute found.
Enforcement
Training
Florida
Crime/Penalty Yes
Fla. Stat. Ann. § 775.085 (2010)—Enhanced penalties are provided for any felony or
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misdemeanor if the commission of such felony or misdemeanor evidences
prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation,
national origin, homeless status, mental or physical disability, or advanced age of
the victim.
Fla. Stat. Ann. § 775.0845 (2010)—The felony or misdemeanor degree of any
criminal offense, other than a violation of ss. 876.12-876.15, shal be reclassified to
the next higher degree as provided in this section if, while committing the offense,
the offender was wearing a hood, mask, or other device that concealed his or her
identity.
Fla. Stat. Ann. § 876.17 (2010)—It shal be unlawful for any person or persons to
place or cause to be placed in a public place in the state a burning or flaming cross
or any manner of exhibit in which a burning or flaming cross, real or simulated, is a
whole or a part.
Fla. Stat. Ann. § 876.18 (2010)—It shal be unlawful for any person or persons to
place or cause to be placed on the property of another in the state a burning or
flaming cross or any manner of exhibit in which a burning or flaming cross, real or
simulated, is a whole or part without first obtaining written permission of the
owner or occupier of the premises to so do.
Institutional
Yes
Fla. Stat. Ann. § 806.13 (2010)—Any person who willfully and maliciously defaces,
Vandalism
injures, or damages by any means any church, synagogue, mosque, or other place
of worship, or any religious article contained therein, commits a felony of the third
degree.
Data
Yes
Fla. Stat. Ann. § 877.19 (2010)—The Governor, through the Florida Department of
Collection
Law Enforcement, shall collect and disseminate data on incidents of criminal acts
that evidence prejudice based on race, religion, ethnicity, color, ancestry, sexual
orientation, or national origin. All law enforcement agencies shall report monthly
to the Florida Department of Law Enforcement concerning such offenses in such
form and in such manner as prescribed by rules adopted by the department.
Law
No No statute found.
Enforcement
Training
Georgia
Crime/Penalty Yes
Ga. Code Ann. § 17-10-17 (2010)—Enhancement of the penalty imposed, if the trier
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of fact determines beyond a reasonable doubt that the defendant intentional y
selected any victim or any property of the victim as the object of the offense
because of bias or prejudice.
Ga. Code Ann. § 16-11-37 (2010)—A person commits the offense of a terroristic
act when: he or she uses a burning or flaming cross or other burning or flaming
symbol or flambeau with the intent to terrorize another or another’s household.
Institutional
Yes
Ga. Code Ann. § 16-7-26 (2010)—A person commits the offense of vandalism to a
Vandalism
place of worship when he maliciously defaces or desecrates a church, synagogue,
or other place of public religious worship.
Data
No No statute found.
Collection
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State Statutes Governing Hate Crimes
Law
No No statute found.
Enforcement
Training
Hawaii
Crime/Penalty Yes
Haw. Rev. Stat. Ann. § 706-662 (2010)—A defendant who has been convicted of a
Enhancement
felony may be subject to an extended term of imprisonment under section 706-661
if the defendant is a hate crime offender in that (a) the defendant is convicted of a
crime under chapter 707, 708, or 711; and (b) the defendant intentional y selected
a victim or, in the case of a property crime, the property that was the object of a
crime, because of hostility toward the actual or perceived race, religion, disability,
ethnicity, national origin, gender identity or expression, or sexual orientation of
any person.
Haw. Rev. Stat. Ann. § 846-51 (2008)—Hate crime means any criminal act in which
the perpetrator intentionally selected a victim, or in the case of a property crime,
the property that was the object of a crime, because of hostility toward the actual
or perceived race, religion, disability, ethnicity, national origin, gender identity or
expression, or sexual orientation of any person.
Institutional
Yes
Haw. Rev. Stat. Ann. § 711-1107 (2008)— A person commits the offense of
Vandalism
desecration if the person intentionally desecrates place of worship or burial.
Data
Yes
Haw. Rev. Stat. Ann. §§ 846-51, 52, 53, 54 (2008)- The department of the attorney
Collection
general shall be responsible for the collection, storage, dissemination, and analysis
of all hate crime data from all agencies that have primary investigative, action, or
program responsibility for adult or juvenile offenses, including the county police
departments, the county prosecutors, the family courts, and the departments or
agencies responsible for administering any correctional facilities.
Law
No No statute found.
Enforcement
Training
Idaho
Crime/Penalty Yes
Idaho Code Ann. §§ 18-7901, 7902 (2010)—It shal be unlawful for any person,
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maliciously and with the specific intent to intimidate or harass another person
because of that person’s race, color, religion, ancestry, or national origin: (a) to
cause physical injury to another person; or (c) threaten, by word, to do the acts
prohibited if there is reasonable cause to believe that any of the acts described in
subsection (a) will occur.
Institutional
Yes
Idaho Code Ann. § 18-7902 (2010)—It shall be unlawful for any person, maliciously
Vandalism
and with the specific intent to intimidate or harass another person because of that
person’s race, color, religion, ancestry, or national origin, to: (b) damage, destroy,
or deface any real or personal property of another person; or (c) threaten, by
word or act, to do the acts prohibited if there is reasonable cause to believe that
any of the acts described in subsections (b) of this section will occur. For purposes
of this section, “deface" shall include, but not be limited to, cross-burnings or the
placing of any word or symbol commonly associated with racial, religious or ethnic
terrorism on the property of another person without his or her permission.
Data
Yes
Idaho Code Ann. § 67-2915 (2010)—All city, county and state law enforcement units
Collection
shall be required to report to the director (of the Idaho state police) all incidences
of, complaints on, and arrests for malicious harassment crimes within their
respective jurisdictions.
Law
No No statute found.
Enforcement
Training
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9
State Statutes Governing Hate Crimes
Illinois
Crime/Penalty Yes
720 Il . Comp. Laws Ann. 5/12-7.1 (2010)—A person commits hate crime when, by
Enhancement
reason of the actual or perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or national origin of another
individual or group of individuals, regardless of the existence of any other
motivating factor or factors, he commits assault, battery, aggravated assault,
misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage
to property, criminal trespass to vehicle, criminal trespass to real property, mob
action or disorderly conduct.
730 Il . Comp. Laws Ann. 5/5-5-3.2 (2010)—The following factors shall be accorded
weight in favor of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section 5-8-1 or Article
4.5 of Chapter V: by reason of another individual's actual or perceived race, color,
creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense against (i) the person or
property of that individual; (i ) the person or property of a person who has an
association with, is married to, or has a friendship with the other individual; or (iii)
the person or property of a relative (by blood or marriage) of a person described
in clause (i) or (ii). For the purposes of this Section, "sexual orientation" means
heterosexuality, homosexuality, or bisexuality; or the offense took place in a place
of worship or on the grounds of a place of worship, immediately prior to, during
or immediately following worship services. For purposes of this subparagraph,
"place of worship" shal mean any church, synagogue or other building, structure or
place used primarily for religious worship.
720 Il . Comp. Laws Ann. 5/12-7.6 (2010)—A person commits the offense of cross
burning who, with the intent to intimidate any other person or group of persons,
burns or causes to be burned a cross.
Institutional
Yes
720 Il . Comp. Laws Ann. 5/12-7.1 (2010)—A person commits hate crime when, by
Vandalism
reason of the actual or perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or national origin of another
individual or group of individuals, regardless of the existence of any other
motivating factor or factors, he commits assault, battery, aggravated assault,
misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage
to property, criminal trespass to vehicle, criminal trespass to real property, mob
action or disorderly conduct.
720 Il . Comp. Laws Ann. 5/21-1.2 (2010)—A person commits institutional vandalism
when, by reason of the actual or perceived race, color, creed, religion or national
origin of another individual or group of individuals, regardless of the existence of
any other motivating factor or factors, he or she knowingly and without consent
inflicts damage to any of the following properties: (1) A church, synagogue,
mosque, or other building, structure or place used for religious worship or other
religious purpose; (2) A cemetery, mortuary, or other facility used for the purpose
of burial or memorializing the dead; (3) A school, educational facility or community
center; (4) The grounds adjacent to, and owned or rented by, any institution,
facility, building, structure or place described in paragraphs (1), (2) or (3) of this
subsection (a); or (5) Any personal property contained in any institution, facility,
building, structure or place described in paragraphs (1), (2) or (3) of this subsection
(a).
Data
Yes
20 Il . Comp. Laws Ann. 2605/55a, 2605/2605-390 (2010)—To collect and
Collection
disseminate information relating to hate crimes, all law enforcement agencies shall
report monthly to the Department concerning those offenses in the form and in
the manner prescribed by rules and regulations adopted by the Department. The
information shal be compiled by the Department and be disseminated upon
request to any local law enforcement agency, unit of local government, or State
agency.
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State Statutes Governing Hate Crimes
Law
Yes
20 Il . Comp. Laws Ann. 2605/55a, 2605/2605-390 (2010)—The Department shal
Enforcement
provide training for State Police officers in identifying, responding to, and reporting
Training
all hate
crimes. The Illinois Law Enforcement Training Standards Board shall
develop and certify a course of such training to be made available to local law
enforcement officers.
Indiana
Crime/Penalty No No statute found.
Enhancement
Institutional
Yes
Ind. Code Ann. § 35-43-1-2 (2010)—A person who recklessly, knowingly, or
Vandalism
intentionally damages: (1) a structure used for religious worship; (2) a school or
community center; (3) the grounds: (A) adjacent to; and (B) owned or rented in
common with; a structure or facility identified in subdivision (1) or (2); or
(4) personal property contained in a structure or located at a facility identified in
subdivision (1) or (2); without the consent of the owner, possessor, or occupant of
the property that is damaged, commits institutional criminal mischief.
Data
Yes
Ind. Code Ann.§ 10-13-3-38 (2010)— A law enforcement agency shall collect
Collection
information concerning bias crimes.
Ind. Code Ann. § 10-13-3-1 (2010)—Bias crime means an offense in which the
person who commits the offense knowingly or intentionally: (1) selected the
person who was injured; or (2) damaged or otherwise affected property; by the
offense because of the color, creed, disability, national origin, race, religion, or
sexual orientation of the injured person or of the owner or occupant of the
affected property or because the injured person or owner or occupant of the
affected property was associated with any other recognizable group or affiliation.
Law
No No statute found.
Enforcement
Training
Iowa
Crime/Penalty Yes
Iowa Code § 729A.1 (2010)—Violations of an individual's rights prohibited.
Enhancement
Persons within the state of Iowa have the right to be free from any violence, or
intimidation by threat of violence, committed against their persons or property
because of their race, color, religion, ancestry, national origin, political affiliation,
sex, sexual orientation, age, or disability.
Iowa Code §§ 729A.2, 708.2C, 712.7, 716.6A, 716.8 (2010)—Hate crime means one
of the following public offenses when committed against a person or a person’s
property because of the person's race, color, religion, ancestry, national origin,
political affiliation, sex, sexual orientation, age, or disability, or the person's
association with a person of a certain race, color, religion, ancestry, national origin,
political affiliation, sex, sexual orientation, age, or disability: 1. Assault in violation
of individual rights under section 708.2C. 2. Violations of individual rights under
section 712.9. 3. Criminal mischief in violation of individual rights under section
716.6A. 4. Trespass in violation of individual rights under section 716.8, subsections
3 and 4.
Iowa Code § 729.5 (2010)—A person, who acts alone, or who conspires with
another person or persons, to injure, oppress, threaten, or intimidate or interfere
with any citizen in the free exercise or enjoyment of any right or privilege secured
to that person by the constitution or laws of the state of Iowa or by the
constitution or laws of the United States, and assembles with one or more persons
for the purpose of teaching or being instructed in any technique or means capable
of causing property damage, bodily injury or death when the person or persons
intend to employ those techniques or means in furtherance of the conspiracy, is on
conviction, guilty of a class “D" felony.
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State Statutes Governing Hate Crimes
Institutional
Yes
Iowa Code § 716.6A (2010)—A violation of sections 716.5 and 716.6 (relating
Vandalism
property damaged, defaced, altered, or destroyed ), which is also a hate crime as
defined in section 729A.2, shal be classified and punished as an offense one degree
higher than the underlying offense.
Data
Yes
Iowa Code § 692.15 (2010)—If it comes to the attention of a sheriff, police
Collection
department, or other law enforcement agency that a public offense or delinquent
act has been committed in its jurisdiction, the law enforcement agency shall report
information concerning the public offense or delinquent act to the Department of
Public Safety. The hate crimes listed in section 729A.2 are subject to the reporting
requirements of this section.
Law
Yes
Iowa Code § 80B.11 (2010)—In-service training under this paragraph "c" shal
Enforcement
include the requirement that all law enforcement officers complete a course on
Training
investigation, identification, and reporting of public offenses based on the race,
color, religion, ancestry, national origin, political affiliation, sex, sexual orientation,
age, or disability of the victim. The director shall consult with the civil rights
commission, the department of public safety, and the prosecuting attorneys training
coordinator in developing the requirements for this course and may contract with
outside providers for this course.
Iowa Code § 729A.4 (2010)—The prosecuting attorneys training coordinator shal
develop a course of instruction for law enforcement personnel and prosecuting
attorneys designed to sensitize those persons to the existence of violations of
individual rights and the criteria for determining whether a violation of individual
rights has occurred.
Kansas
Crime/Penalty Yes
Kan. Stat. Ann. § 21-4716 (2009)—Establishes aggravating sentencing factor that
Enhancement
include: 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.
Kan. Stat. Ann. § 21-4003 (2009)—Denial of civil rights on account of the race,
color, ancestry, national origin or religion is a class A nonperson misdemeanor.
Institutional
Yes
Kan. Stat. Ann. § 21-4111 (2009)—Criminal desecration includes by means other
Vandalism
than by fire or explosive, damaging, defacing or destroying any place of worship.
Data
Yes
Kan. Stat. Ann. § 22-4604 (2009)—The governor, with the assistance of the
Collection
attorney general and the Kansas commission on peace officers' standards and
training, shal develop a request for a proposal for a system to col ect and report
statistics relating to the race, ethnicity, gender, age and residency by county and
state of those who come in contact with law enforcement activities.
Law
Yes
Kan. Stat. Ann. § 22-4604 (2009)—The governor, with the assistance of the
Enforcement
attorney general and the Kansas commission on peace officers' standards and
Training
training, shal develop a request for a proposal for a system to col ect and report
statistics relating to the race, ethnicity, gender, age and residency by county and
state of those who come in contact with law enforcement activities. The results of
such study shal be submitted to the governor and attorney general within 90 days
after conclusion of such study. The governor shal submit the study to the
legislature with one or more of the following:
(1) An evaluation of the study; (2) an implementation plan to expand the data
collection and reporting system to other law enforcement agencies and whether
such system should be made permanent; and (3) recommendations to improve law
enforcement training and operations to address racial, ethnic, gender, age or
residency bias.
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12
State Statutes Governing Hate Crimes
Kentucky
Crime/Penalty Yes
Ky. Rev. Stat. Ann. § 532.031 (2010)—The finding that a hate crime was a primary
Enhancement
factor in the commission of the crime by the defendant may be utilized by the
sentencing judge as the sole factor for denial of probation, shock probation,
conditional discharge, or other form of nonimposition of a sentence of
incarceration. The finding by the sentencing judge that a hate crime was a primary
factor in the commission of the crime by the defendant may be utilized by the
Parole Board in delaying or denying parole to a defendant.
Institutional
Yes
Ky. Rev. Stat. Ann. §§ 525.113, 525.110 (2010)—A person is guilty of institutional
Vandalism
vandalism when he, because of race, color, religion, sexual orientation, or national
origin of another individual or group of individuals, knowingly vandalizes, defaces,
damages, or desecrates any public monument or object or place of worship; or in a
public place the national or state flag or other patriotic or religious symbol which is
an object of veneration by the public or a substantial segment thereof .
Data
Yes
Ky. Rev. Stat. Ann. § 17.1523 (2010)—The Justice and Public Safety Cabinet shall,
Collection
annual y, as a part of the crime reports report on crimes which appear to have
been caused by or reasonably related to race, color, religion, sex, or national origin
or attempts to victimize or intimidate another due to any of the foregoing causes.
Law
Yes No statute found.
Enforcement
Training
Louisiana
Crime/Penalty Yes
La. Rev. Stat. Ann. § 14:107.2 (2010)—It shall be unlawful for any person to select
Enhancement
the victim of certain offenses against person and property because of actual or
perceived race, age, gender, religion, color, creed, disability, sexual orientation,
national origin, or ancestry of that person or the owner or occupant of that
property or because of actual or perceived membership or service in, or
employment with, an organization .
Institutional
Yes
La. Rev. Stat. Ann. § 14.225 (2010)—A person commits the crime of institutional
Vandalism
vandalism by knowingly vandalizing, defacing, or otherwise damaging the following:
(1) any church, synagogue, or other building, structure, or place used for religious
worship or other religious purpose; (2) any cemetery, mortuary, or other facility
used for the purpose of burial or memorializing the dead; (3) any school,
educational facility, or community center; (4) the grounds adjacent to and owned
or rented by any institution, facility, building, structure, or place described in
Paragraphs (1), (2) or (3) above; (5) Any personal property contained in any
institution, facility, building, structure, or place described in Paragraphs (1), (2), or
(3) above.
Data
Yes
La. Rev. Stat. Ann. § 15:1204 (2010)—The Louisiana Commission on Law
Collection
Enforcement and the Administration of Criminal Justice shal prepare and
distribute, to al such persons and agencies, forms to be used in reporting data to
the system. The forms shall provide for information regarding crimes which are
directed against individuals or groups, or their property, by reason of their actual
or perceived race, age, gender, religion, color, creed, disability, sexual orientation,
national origin, or ancestry or by reason of their actual or perceived membership
or service in, or employment with, an organization as defined in R.S. 14:107.2.
Law
Yes
La. Rev. Stat. Ann. § 40:2403 (2010)—The Council on Peace Officer Standards and
Enforcement
Training may establish and implement curricula and publish training materials to
Training
train peace officers to identify, respond to, and report all crimes which are
directed against individuals or groups, or their property, by reason of their actual
or perceived race, age, gender, religion, color, creed, disability, sexual orientation,
national origin, or ancestry.
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13
State Statutes Governing Hate Crimes
Maine
Crime/Penalty Yes
Me. Rev. Stat. tit. 5, § 4684-A (2009)—A person has the right to engage in lawful
Enhancement
activities without being subject to physical force or violence, damage or
destruction of property, trespass on property or the threat of physical force or
violence, damage or destruction of property or trespass on property motivated by
reason of race, color, religion, sex, ancestry, national origin, physical or mental
disability or sexual orientation.
Me. Rev. Stat. tit. 17 §§ 2931 and 2932 (2009)—A person may not, by force or
threat of force, intentionally injure, intimidate or interfere with, or intentionally
attempt to injure, intimidate or interfere with or intentionally oppress or threaten
any other person in the free exercise or enjoyment of any right or privilege,
secured to that person by the Constitution of Maine or laws of the State or by the
United States Constitution or laws of the United States.
Me. Rev. Stat. tit. 17-A, § 1151 (2009)—The provision permits sentences that do
not diminish the gravity of offenses, with reference to the factors, among others,
of: the selection by the defendant of the person against whom the crime was
committed or of the property that was damaged or otherwise affected by the
crime because of the race, color, religion, sex, ancestry, national origin, physical or
mental disability, sexual orientation or homelessness of that person or of the
owner or occupant of that property.
Institutional
Yea
Me. Rev. Stat. tit. 17-A, § 507 (2009)—A person is guilty of desecration and
Vandalism
defacement if he intentionally desecrates any public monument or structure, any
place of worship or burial, or any private structure not owned by him.
Data
Yes
Me. Rev. Stat. tit. 25, § 1544 (2009)—It shal be the duty of al state, county and
Collection
municipal law enforcement agencies, including those employees of the University of
Maine System appointed to act as policemen, to submit to the State Bureau of
Identification uniform crime reports, to include such information as is necessary to
establish a Criminal Justice Information System and to enable the commanding
officer to comply with section 1541, subsection 3. The bureau shal establish a
category for crimes that manifest evidence of prejudice based on race, religion,
disability, sexual orientation or ethnicity that are supplementary to its other
reported information.
Law
Yes
Me. Rev. Stat. tit. 25, § 2803-B (2009)—All law enforcement agencies shall adopt
Enforcement
written policies regarding procedures to deal with hate or bias crimes. The chief
Training
administrative officer of each agency shal certify to the board that attempts were
made to obtain public comment during the formulation of policies.
Maryland
Crime/Penalty Yes
Md. Code Ann., Crim. Law § 10-303 (2010)—A person may not, by force or threat of
Enhancement
force, obstruct or attempt to obstruct another in the free exercise of that person’s
religious beliefs.
Md. Code Ann., Crim. Law § 10-304 (2010)—Because of another's race, color,
religious beliefs, sexual orientation, gender, disability, or national origin, or because
another is homeless, a person may not: (1) (i) commit a crime or attempt to
commit a crime against that person; (ii) damage the real or personal property of
that person; (iii) deface, damage, or destroy, or attempt to deface, damage, or
destroy the real or personal property of that person; or (iv) burn or attempt to
burn an object on the real or personal property of that person; or (2) commit a
violation of item (1) of this section that: (i) except as provided in item (ii) of this
item, involves a separate crime that is a felony; or (ii) results in the death of the
victim.
Md. Code Ann., Crim. Law § 10-307 (2010)—A hate crime sentence imposed under
this subtitle may be separate from and consecutive to or concurrent with a
sentence for any crime based on the act establishing the violation of this subtitle.
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14
State Statutes Governing Hate Crimes
Institutional
Yes
Md. Code Ann., Crim. Law § 10-302 (2010)—A person may not deface, damage, or
Vandalism
destroy, or attempt to deface, damage, or destroy, personal or real property that
is owned, leased, or used by a religious entity or for any religious purpose
including: (1) a place of worship; (2) a cemetery; (3) a religious school, educational
facility, or community center; and (4) the grounds adjacent to them.
Md. Code Ann., Crim. Law § 10-305 (2010)—A person may not deface, damage, or
destroy, attempt to deface, damage, or destroy, burn or attempt to burn an object
on, or damage the real or personal property connected to a building that is publicly
or privately owned, leased, or used, including a cemetery, library, meeting hall,
recreation center, or school: (1) because a person or group of a particular race,
color, religious belief, sexual orientation, gender, disability, or national origin, or
because a person or group that is homeless, has contacts or is associated with the
building; or (2) if there is evidence that exhibits animosity against a person or
group, because of the race, color, religious beliefs, sexual orientation, gender,
disability, or national origin of that person or group or because that person or
group is homeless.
Data
Yes
Md. Code Ann., Pub. Safety § 2-307 (2010)—The Department shal col ect and
Collection
analyze information about incidents apparently directed against an individual or
group because of race, religion, ethnicity, or sexual orientation. Each local law
enforcement agency and the State Fire Marshal shall provide the Department with
the information.
Law
No No statute found.
Enforcement
Training
Massachusetts
Crime/Penalty Yes
Mass. Gen. Laws ch. 265, § 37 (2010)—No person, whether or not acting under
Enhancement
color of law, shall by force or threat of force, willfully injure, intimidate or interfere
with, or attempt to injure, intimidate or interfere with, or oppress or threaten any
other person in the free exercise or enjoyment of any right or privilege secured to
him by the constitution or laws of the commonwealth or by the constitution or
laws of the United States.
Mass. Gen. Laws ch. 265, § 39 (2010)— Provides for penalties for the commission
of an assault or a battery upon a person or damages the real or personal property
of a person with the intent to intimidate such person because of such person’s
race, color, religion, national origin, sexual orientation, or disability.
Institutional
Yes
Mass. Gen. Laws ch. 266 § 127A (2010)—Provides penalties for anyone who
Vandalism
willfully, intentionally and without right, or wantonly and without cause, destroys,
defaces, mars, or injures a church, synagogue or other building, structure or place
used for the purpose of burial or memorializing the dead, or a school, educational
facility or community center or the grounds adjacent to and owned or leased by
any of the foregoing or any personal property. Provides penalties for anyone who
threatens to burn, deface, mar, injure, or in any way destroy a church, synagogue
or other building, structure, or place of worship.
Data
Yes
Mass. Gen. Laws ch. 22C §§ 33, 34, 35 (2010)—The Colonel of State Police shal
Collection
promulgate regulations relative to the collection of hate crime data.
Law
Yes
Mass. Gen. Laws ch. 6, § 116B (2010)—The municipal police training committee
Enforcement
shall provide instruction for police officers in identifying, responding to and
Training
reporting all incidents of hate crime.
Congressional Research Service
15
State Statutes Governing Hate Crimes
Michigan
Crime/Penalty Yes
Mich. Comp. Laws Serv. § 750.147b (2010)—A person is guilty of ethnic intimidation
Enhancement
if that person maliciously, and with specific intent to intimidate or harass another
person because of that person’s race, color, religion, gender, or national origin,
does any of the following: (a) causes physical contact with another person; (b)
damages, destroys, or defaces any real or personal property of another person; (c)
threatens, by word or act.
Institutional
No No statute found.
Vandalism
Data
Yes
Mich. Comp. Laws Serv. § 28.257a (2010)—The chief of police of each city or village,
Collection
the chief of police of each township having a police department, and the sheriff of
each county within this state shal report to the department of state police, crimes
motivated by prejudice or bias based upon race, ethnic origin, religion, gender, or
sexual orientation.
Law
No No statute found.
Enforcement
Training
Minnesota
Crime/Penalty Yes
Minn. Stat. § 609.2231 (2009)—Provides penalties for anyone who assaults another
Enhancement
because of the victim’s or another's actual or perceived race, color, religion, sex,
sexual orientation, disability as defined in section 363A.03, age, or national origin,
Minn. Stat. § 609.749 (2009)—Provides aggravated violations for a person who
commits any harassment and stalking crimes because of the victim's or another's
actual or perceived race, color, religion, sex, sexual orientation, disability as defined
in section 363A.03, age, or national origin.
Institutional
Yes
Minn. Stat. § 609.595 (2009)—Whoever intentionally causes damage described in
Vandalism
subdivision 2, paragraph (a), because of the property owner’s or another's actual
or perceived race, color, religion, sex, sexual orientation, disability as defined in
section 363A.03, age, or national origin is guilty of a felony.
Data
Yes
Minn. Stat. § 626.5531 (2009)—A peace officer must report to the head of the
Collection
officer’s department every violation of chapter 609 or a local criminal ordinance if
the officer has reason to believe, or if the victim alleges, that the offender was
motivated to commit the act by the victim's race, religion, national origin, sex, age,
disability, or characteristics identified as sexual orientation.
Law
Yes
Minn. Stat. § 626.8451 (2009)—The Board of Peace Officer Standards and Training
Enforcement
must prepare a training course to assist peace officers in identifying and responding
Training
to crimes motivated by the victim’s race, religion, national origin, sex, age,
disability, or characteristics identified as sexual orientation.
Mississippi
Crime/Penalty Yes
Miss. Code Ann. §§ 99-19-301 to 99-19-307 (2010)—The penalty for any felony or
Enhancement
misdemeanor shal be subject to enhancement as provided in Sections 99-19-301
through 99-19-307 if the felony or misdemeanor was committed because of the
actual or perceived race, color, ancestry, ethnicity, religion, national origin or
gender of the victim.
Institutional
Yes
Miss. Code Ann. § 97-17-39 (2010)—Provides penalties for anyone who shal
Vandalism
willfully or mischievously injure or destroy any of the burial vaults, urns, memorials,
vases, foundations, bases or other similar items in a cemetery, or injure or destroy
any of the work, materials, or furniture of any courthouse or jail, or other public
building, or schoolhouse or church, or deface any of the wal s or other parts
thereof, or shall write, or make any drawings or character, or do any other act,
either on or in said building or the walls thereof.
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State Statutes Governing Hate Crimes
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
Missouri
Crime/Penalty Yes
Mo. Rev. Stat. § 557.035 (2009)—Provides enhanced penalties for motivational
Enhancement
factors in certain crimes ... which the state believes to be knowingly motivated
because of race, color, religion, national origin, sex, sexual orientation or disability
of the victim or victims.
Institutional
Yes
Mo. Rev. Stat. § 574.085 (2009)—A person commits the crime of institutional
Vandalism
vandalism by knowingly vandalizing, defacing or otherwise damaging (1) any church,
synagogue or other building, structure or place used for religious worship or other
religious purpose; (2) any cemetery, mortuary, military monument or other facility
used for the purpose of burial or memorializing the dead; (3) any school,
educational facility, community center, hospital or medical clinic owned and
operated by a religious or sectarian group; (4) the grounds adjacent to, and owned
or rented by, any institution, facility, building, structure or place described in
subdivision (1), (2), or (3) of this subsection; or (5) any personal property
contained in any institution, facility, building, structure or place described in
subdivision (1), (2), or (3) of this subsection.
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
Montana
Crime/Penalty Yes
Mont. Code Ann. § 45-5-221 (2010)—A person commits the offense of malicious
Enhancement
intimidation or harassment when, because of another person's race, creed, religion,
color, national origin, or involvement in civil rights or human rights activities, the
person purposely or knowingly, with the intent to terrify, intimidate, threaten,
harass, annoy, or offend: (a) causes bodily injury to another; (b) causes reasonable
apprehension of bodily injury in another.
Mont. Code Ann. § 45-5-222 (2010)—Provides sentence enhancement for a person
who has pleaded guilty or nolo contendere to or who has been found guilty of any
offense, except malicious intimidation or harassment, that was committed because
of the victim’s race, creed, religion, color, national origin, or involvement in civil
rights or human rights activities or that involved damage, destruction, or attempted
destruction of a building regularly used for religious worship.
Institutional
Yes
Mont. Code. Ann. § 45-5-221 (2010)—A person commits the offense of malicious
Vandalism
intimidation or harassment when, because of another person’s race, creed, religion,
color, national origin, or involvement in civil rights or human rights activities, he
purposely or knowingly, with the intent to terrify, intimidate, threaten, harass,
annoy, or offend: damages, destroys, or defaces any property of another or any
public property. For purposes of this section, “deface" includes but is not limited to
cross burning or the placing of any word or symbol commonly associated with
racial, religious, or ethnic identity or activities on the property of another person
without his or her permission.
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
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State Statutes Governing Hate Crimes
Nebraska
Crime/Penalty Yes
Neb. Rev. Stat. Ann. § 28-110 (2010)—A person in the State of Nebraska has the
Enhancement
right to live free from violence, or intimidation by threat of violence, committed
against his or her person or the destruction or vandalism of, or intimidation by
threat of destruction or vandalism of, his or her property regardless of his or her
race, color, religion, ancestry, national origin, gender, sexual orientation, age, or
disability.
Neb. Rev. Stat. Ann. § 28-111(2010)—Imposes additional penalties on any person
who commits one or more of the following criminal offenses against a person or a
person's property because of the person's race, color, religion, ancestry, national
origin, gender, sexual orientation, age, or disability or because of the person's
association with a person of a certain race, color, religion, ancestry, national origin,
gender, sexual orientation, age, or disability, unless such criminal offense is already
punishable as a Class IB felony or higher classification.
Institutional
No No statute found.
Vandalism
Data
Yes
Neb. Rev. Stat. Ann. § 28-114 (2010)—The Nebraska Commission on Law
Collection
Enforcement and Criminal Justice shall establish and maintain a central repository
for the collection and analysis of information regarding criminal offenses committed
against a person because of the person’s race, color, religion, ancestry, national
origin, gender, sexual orientation, age, or disability or because of the person's
association with a person of a certain race, color, religion, ancestry, national origin,
gender, sexual orientation, age, or disability.
Law
No No statute found.
Enforcement
Training
Nevada
Crime/Penalty Yes
Nev. Rev. Stat. Ann. § 193.1675 (2010)—Additional penalty for any person who
Enhancement
willfully commits certain crimes because the actual or perceived race, color,
religion, national origin, physical or mental disability or sexual orientation of the
victim was different from that characteristic of the perpetrator.
Nev. Rev. Stat. Ann. § 207.185 (2010)—Penalty for commission of certain unlawful
acts by reason of actual or perceived race, color, religion, national origin, physical
or mental disability or sexual orientation of another person or group of persons.
Institutional
Yes
Nev. Rev. Stat. Ann. § 206.125 (2010)—Unless a greater penalty is provided by law,
Vandalism
a person who knowingly vandalizes, places graffiti on, defaces or otherwise
damages: (a) any church, synagogue or other building, structure or place used for
religious worship or other religious purpose; (b) any cemetery, mortuary or other
facility used for the purpose of burial or memorializing the dead; (c) any school,
educational facility, transportation facility, public transportation vehicle or
community center; (d) the grounds adjacent to, and owned or rented by, any
institution, facility, building, structure or place described in paragraph (a), (b) or (c);
or (e) any personal property contained in any institution, facility, building, structure
or place described in paragraph (a), (b) or (c), is guilty of a gross misdemeanor.
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
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State Statutes Governing Hate Crimes
New Hampshire
Crime/Penalty Yes
N. H. Rev. Stat. Ann. § 651:6 (2010)—A defendant may be sentenced to an
Enhancement
extended term of imprisonment where a defendant perpetrator was substantially
motivated to commit the crime because of hostility towards the victim’s religion,
race, creed, sexual orientation, national origin or sex.
Institutional
No No statute found.
Vandalism
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
New Jersey
Crime/Penalty Yes
N. J. Rev. Stat. § 2C:16–1 (2010)— A person is guilty of the crime of bias
Enhancement
intimidation if he commits, attempts to commit, conspires with another to commit,
or threatens the immediate commission of an offense specified in chapters 11
through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:33-4; N.J.S.2C:39-3;
N.J.S.2C:39-4 or N.J.S.2C:39-5, (1) with a purpose to intimidate an individual or
group of individuals because of race, color, religion, gender, disability, sexual
orientation, gender identity or expression, national origin, or ethnicity; or (2)
knowing that the conduct constituting the offense would cause an individual or
group of individuals to be intimidated because of race, color, religion, gender,
disability, sexual orientation, gender identity or expression, national origin, or
ethnicity; or (3) under circumstances that caused any victim of the underlying
offense to be intimidated and the victim, considering the manner in which the
offense was committed, reasonably believed either that (a) the offense was
committed with a purpose to intimidate the victim or any person or entity in
whose welfare the victim is interested because of race, color, religion, gender,
disability, sexual orientation, gender identity or expression, national origin, or
ethnicity, or (b) the victim or the victim’s property was selected to be the target of
the offense because of the victim's race, color, religion, gender, disability, sexual
orientation, gender identity or expression, national origin, or ethnicity.
Institutional
Yes
N. J. Rev. Stat. § 2C:33-9 (2010)—A person commits a disorderly persons offense if
Vandalism
he purposely desecrates any public monument, insignia, symbol, or structure, or
place of worship or burial.
N. J. Rev. Stat. § 2C:33-11 (2010)—A person is guilty of a crime of the fourth
degree if he purposely defaces or damages, without authorization of the owner or
tenant, any private premises or property primarily used for religious, educational,
residential, memorial, charitable, or cemetery purposes, or for assembly by
persons for purpose of exercising any right guaranteed by law or by the
Constitution of this State or of the United States by placing thereon a symbol, an
object, a characterization, an appellation, or graffiti that exposes another to threat
of violence.
Data
Yes
N. J. Rev. Stat. § 52:9DD-9 (2010)—It shal be the duty of the Human Relations
Collection
Council to develop and present a biennial report to the Governor and Legislature
on the status of bias and violence based upon race, color, religion, national origin,
sexual orientation, ethnicity, gender, or physical, mental or cognitive disability.
Law
Yes
N. J. Rev. Stat. § 52:9DD-9 (2010)—It shal be the duty of the Human Relations
Enforcement
Council to develop in conjunction with law enforcement agencies, including the
Training
Office of Bias Crimes and Community Relations in the Division of Criminal Justice,
and the educational community cultural diversity training for law enforcement
personnel.
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State Statutes Governing Hate Crimes
New Mexico
Crime/Penalty Yes
N.M. Stat. Ann. § 31-18B-3 (2010)—Provides enhanced penalties for crimes
Enhancement
committed because of the victim’s actual or perceived race, religion, color, national
origin, ancestry, age, disability, gender, sexual orientation or gender identity,
whether or not the offender's belief or perception was correct.
Institutional
Yes
N.M. Stat. Ann. § 30-15-4 (2010)—Desecration of a church consists of willfully,
Vandalism
maliciously and intentionally defacing a church or any portion thereof.
Data
Yes
N.M. Stat. Ann. § 31-18B-4 (2010)—Every district attorney and every state, county
Collection
and municipal law enforcement agency, to the maximum extent possible, shal
provide the federal bureau of investigation with data concerning the commission of
a crime motivated by hate, in accordance with guidelines established pursuant to
the federal Hate Crime Statistics Act.
Law
Yes
N.M. Stat. Ann. § 31-18B-5 (2010)—The New Mexico Law Enforcement Academy
Enforcement
Board shal develop a course of instruction, learning and performance objectives
Training
and training standards, in conjunction with appropriate groups and individuals that
have an interest in and expertise regarding crimes motivated by hate.
New York
Crime/Penalty Yes
N.Y. Penal Law § 240.30 (2010)—A person is guilty of aggravated harassment in the
Enhancement
second degree when, with intent to harass, annoy, threaten or alarm another
person, he or she: strikes, shoves, kicks, or otherwise subjects another person to
physical contact, or attempts or threatens to do the same because of a belief or
perception regarding such person's race, color, national origin, ancestry, gender,
religion, religious practice, age, disability or sexual orientation, regardless of
whether the belief or perception is correct .
N.Y. Penal Law § 240.31 (2010)—A person is guilty of aggravated harassment in the
first degree when with intent to harass, annoy, threaten or alarm another person,
because of a belief or perception regarding such person's race, color, national
origin, ancestry, gender, religion, religious practice, age, disability or sexual
orientation, regardless of whether the belief or perception is correct, he or she:
commits the crime of aggravated harassment in the second degree in the manner
proscribed by the provisions of subdivision three of section 240.30 of this article
and has been previously convicted of the crime of aggravated harassment in the
second degree for the commission of conduct proscribed by the provisions of
subdivision three of section 240.30 or he or she has been previously convicted of
the crime of aggravated harassment in the first degree within the preceding ten
years.
N.Y. Penal Law § 240.70 (2010)—A person is guilty of criminal interference with
religious worship when by force or threat of force or by physical obstruction, he
or she intentionally injures, intimidates or interferes with, or attempts to injure,
intimidate or interfere with, another person because such person was or is seeking
to exercise the right of religious freedom at a place of religious worship.
N.Y. Penal Law § 240.71 (2010)—A person is guilty of criminal interference with
health care services or religious worship in the first degree when he or she
commits the crime of criminal interference with religious worship in the second
degree and has been previously convicted of the crime of criminal interference
with religious worship in the first or second degree or aggravated interference
with health care services in the first or second degree.
N.Y. Penal Law § 485.05 (2010)—A person commits a hate crime when he or she
commits a specified offense and either: (a) intentionally selects the person against
whom the offense is committed or intended to be committed in whole or in
substantial part because of a belief or perception regarding the race, color, national
origin, ancestry, gender, religion, religious practice, age, disability or sexual
orientation of a person, regardless of whether the belief or perception is correct,
or (b) intentionally commits the act or acts constituting the offense in whole or in
substantial part because of a belief or perception regarding the race, color, national
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State Statutes Governing Hate Crimes
origin, ancestry, gender, religion, religious practice, age, disability or sexual
orientation of a person, regardless of whether the belief or perception is correct.
N.Y. Penal Law § 485.10 (2010)—When a person is convicted of a hate crime
pursuant to this article, and the specified offense is a violent felony offense, as
defined in section 70.02 of this chapter, the hate crime shal be deemed a violent
felony offense. When a person is convicted of a hate crime pursuant to this article
and the specified offense is a misdemeanor or a class C, D or E felony, the hate
crime shall be deemed to be one category higher than the specified offense the
defendant committed, or one category higher than the offense level applicable to
the defendant’s conviction for an attempt or conspiracy to commit a specified
offense, whichever is applicable.
Institutional
Yes
N.Y. Penal Law § 240.31 (2010)—A person is guilty of aggravated harassment in the
Vandalism
first degree when with intent to harass, annoy, threaten or alarm another person,
because of a belief or perception regarding such person’s race, color, national
origin, ancestry, gender, religion, religious practice, age, disability or sexual
orientation, regardless of whether the belief or perception is correct, he or she:
damages premises primarily used for religious purposes, or acquired pursuant to
section six of the religious corporation law and maintained for purposes of
religious instruction, and the damage to the premises exceeds fifty dollars; etches,
paints, draws upon or otherwise places a swastika, commonly exhibited as the
emblem of Nazi Germany, on any building or other real property, public or private,
owned by any person, firm or corporation or any public agency or instrumentality,
without express permission of the owner or operator of such building or real
property; sets on fire a cross in public view; or etches, paints, draws upon or
otherwise places or displays a noose, commonly exhibited as a symbol of racism
and intimidation, on any building or other real property, public or private, owned
by any person, firm or corporation or any public agency or instrumentality, without
express permission of the owner or operator of such building or real property.
N.Y. Penal Law § 240.70 (2010)—A person is guilty of criminal interference with
religious worship when he or she intentional y damages the property of a place of
religious worship.
Data
Yes
N.Y. Exec. Law § 837 (2010)—The Division of Criminal Justice Services, in
Collection
cooperation with the chief administrator of the courts as well as any other public
or private agency, including law enforcement agencies, collect and analyze statistical
and al other information and data with respect to the number of hate crimes
reported to or investigated by the division of state police, and all other police or
peace officers, the number of persons arrested for the commission of such crimes,
the offense for which the person was arrested, the county within which the arrest
was made and the accusatory instrument filed, the disposition of the accusatory
instrument filed, including, but not limited to, as the case may be, dismissal,
acquittal, the offense to which the defendant pled guilty, the offense the defendant
was convicted of after trial, and the sentence imposed.
Law
No No statute found.
Enforcement
Training
North Carolina
Crime/Penalty Yes
N.C. Gen. Stat. § 14-3 (2010)—Enhances punishment for offenses committed
Enhancement
because of victim’s race, color, religion, nationality, or country of origin.
N.C. Gen. Stat. § 14-12.14 (2010)—It shal be unlawful for any person or persons,
while wearing a mask, hood or device whereby the person, face or voice is
disguised so as to conceal the identity of the wearer, to place or cause to be placed
at or in any place in the State any exhibit of any kind whatsoever, with the
intention of intimidating any person or persons, or of preventing them from doing
any act which is lawful, or of causing them to do any act which is unlawful. For the
purposes of this section, the term “exhibit" includes items such as a noose.
N.C. Gen. Stat. § 14-401.14 (2010)—(a) If a person shall, because of race, color,
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State Statutes Governing Hate Crimes
religion, nationality, or country of origin, assault another person, or damage or
deface the property of another person, or threaten to do any such act, he shal be
guilty of a Class 1 misdemeanor. (b) A person who assembles with one or more
persons to teach any technique or means to be used to commit any act in violation
of subsection (a) of this section is guilty of a Class 1 misdemeanor.
Institutional
Yes
N.C. Gen. Stat. § 14-49 (2010)—Any person who willfully and maliciously damages,
Vandalism
aids, counsels, or procures the damaging of any church, chapel, synagogue, mosque,
masjid, or other building of worship by the use of any explosive or incendiary
device or material is guilty of a Class E felony.
N.C. Gen. Stat. § 14-62.2 (2010)—If any person shall wantonly and willfully set fire
to or burn or cause to be burned, or aid, counsel or procure the burning of any
church, chapel, or meetinghouse, the person shal be punished as a Class E felon.
N.C. Gen. Stat. § 14-144 (2010)—Provides penalties if any person shall, by any other
means than burning or attempting to burn, unlawfully and willfully demolish,
destroy, deface, injure or damage any of the houses or other buildings mentioned
in Article 15 (Arson and Other Burnings) of this Chapter; or shall by any other
means than burning or attempting to burn unlawfully and willfully demolish, pull
down, destroy, deface, damage or injure any church, uninhabited house, outhouse
or other house or building not mentioned in such article; or shall unlawfully and
willfully burn, destroy, pull down, injure or remove any fence, wall or other
enclosure, or any part thereof, surrounding or about any yard, garden, cultivated
field or pasture, or about any church or graveyard, or about any factory or other
house in which machinery is used,, or about any factory or other house in which
machinery is used.
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
North Dakota
Crime/Penalty Yes
N.D. Cent. Code, § 12.1-14-04 (2008)—A person is guilty of a class B misdemeanor
Enhancement
if , whether or not acting under color of law, he, by force, or threat of force or by
economic coercion, intentionally injures, intimidates, or interferes with another
because of his sex, race, color, religion, or national origin in order to intimidate
him or any other person from exercising or attempting to exercise his right to ful
and equal enjoyment of any facility open to the public.
Institutional
Yes
N.D. Cent. Code § 12.1-21-01 (2010)—A person is guilty of arson, a class B felony, if
Vandalism
he starts or maintains a fire or causes an explosion with intent to destroy an entire
or any part of a building or inhabited structure of another
N.D. Cent. Code § 12.1-21-02 (2010)—A person is guilty of an offense if he
intentionally starts or maintains a fire or causes an explosion and thereby recklessly
places an entire or any part of a building or inhabited structure of another in
danger of destruction.
N.D. Cent. Code § 12.1-21-08 (2010)—"Inhabited structure" means a structure or
vehicle: where people assemble for purposes of business, government, education,
religion.
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
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State Statutes Governing Hate Crimes
Ohio
Crime/Penalty Yes
Ohio Rev. Stat. Ann. § 2927.12 (2010)—Enhances penalty for ethnic intimidation
Enhancement
when certain offenses are committed by reason of the victim’s race, color, religion,
or national origin.
Institutional
Yes
Ohio Rev. Stat. Ann. § 2927.11 (2010)—No person, without privilege to do so, shall
Vandalism
purposely deface, damage, pollute, or otherwise physical y mistreat a place of
worship, its furnishings, or religious artifacts or sacred texts within the place of
worship or within the grounds upon which the place of worship is located or any
other object of reverence or sacred devotion.
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
Oklahoma
Crime/Penalty Yes
Okla. Stat. tit. 21, § 850 (2010)—No person shall maliciously and with the specific
Enhancement
intent to intimidate or harass another person because of that person’s race, color,
religion, ancestry, national origin or disability: assault or batter another person;
damage, destroy, vandalize or deface any real or personal property of another
person; or threaten, by word or act, to do any act prohibited by paragraph 1 or 2
of this subsection if there is reasonable cause to believe that such act will occur.
No person shall maliciously and with specific intent to incite or produce, and which
is likely to incite or produce, imminent violence, which violence would be directed
against another person because of that person's race, color, religion, ancestry,
national origin or disability, make or transmit, cause or allow to be transmitted, any
telephonic, computerized, or electronic message. No person shall maliciously and
with specific intent to incite or produce, and which is likely to incite or produce,
imminent violence, which violence would be directed against another person
because of that person's race, color, religion, ancestry, national origin or disability,
broadcast, publish, or distribute, cause or al ow to be broadcast, published or
distributed, any message or material.
Okla. Stat. tit. 21, § 1174 (2010)—It shal be unlawful for any person or persons,
with the intent of intimidating any person or group of persons, to burn, or cause to
be burned, a cross on the property of another, a highway or other public place.
Institutional
Yes
Okla. Stat. tit. 21, § 1765 (2010)—Any person who willfully breaks, defaces, or
Vandalism
otherwise injures any house of worship, or any part thereof, or any appurtenance
thereto, or any book, furniture, ornament, musical instrument, article of silver or
plated ware, or other chattel kept therein for use in connection with religious
worship, shall be guilty of a felony.
Data
Yes
Okla. Stat. tit. 21, § 850 (2010)—The Oklahoma State Bureau of Investigation shall
Collection
develop a standard system for state and local law enforcement agencies to report
incidents of crime which are apparently directed against members of racial, ethnic,
religious groups or other groups specified by this section.
Law
No No statute found.
Enforcement
Training
Oregon
Crime/Penalty Yes
Or. Rev. Stat. § 166.155 (2010)—A person commits the crime of intimidation in the
Enhancement
second degree if the person: (a) tampers or interferes with property, having no
right to do so nor reasonable ground to believe that the person has such right,
with the intent to cause substantial inconvenience to another because of the
person’s perception of the other's race, color, religion, national origin or sexual
orientation; (b) intentionally subjects another to offensive physical contact because
of the person's perception of the other's race, color, religion, national origin or
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23
State Statutes Governing Hate Crimes
sexual orientation; or (c) intentionally, because of the person's perception of race,
color, religion, national origin or sexual orientation of another or of a member of
the other's family, subjects such other person to alarm by threatening: (A) to inflict
serious physical injury upon or to commit a felony affecting such other person, or a
member of the person's family; or (B) to cause substantial damage to the property
of the other person or of a member of the other person's family.
Or. Rev. Stat. § 166.165 (2010)—Two or more persons acting together commit the
crime of intimidation in the first degree, if the persons: (a)(A) intentionally,
knowingly or recklessly cause physical injury to another person because of the
actors' perception of that person's race, color, religion, national origin or sexual
orientation; or (B) with criminal negligence cause physical injury to another person
by means of a deadly weapon because of the actors' perception of that person's
race, color, religion, national origin or sexual orientation; (b) intentionally, because
of the actors' perception of another person's race, color, religion, national origin
or sexual orientation, place another person in fear of imminent serious physical
injury; or (c) commit such acts as would constitute the crime of intimidation in the
second degree, if undertaken by one person acting alone.
Institutional
Yes
Or. Rev. Stat. § 166.075 (2010)—A person commits the crime of abuse of
Vandalism
venerated objects if the person intentionally abuses a public monument or
structure, a place of worship or the national or state flag.
Data
Yes
Or. Rev. Stat. § 181.550 (2010)—All law enforcement agencies shall report to the
Collection
Department of State Police statistics concerning crimes motivated by prejudice
based on the perceived race, color, religion, national origin, sexual orientation,
marital status, political affiliation or beliefs, membership or activity in or on behalf
of a labor organization or against a labor organization, physical or mental disability,
age, economic or social status or citizenship of the victim.
Law
Yes
Or. Rev. Stat. § 181.642 (2010)—The Board on Public Safety Standards and Training
Enforcement
shall ensure that all police officers and certified reserve officers are trained to:
Training
investigate, identify and report crimes motivated by prejudice based on the
perceived race, color, religion, national origin, sexual orientation, marital status,
political affiliation or beliefs, membership or activity in or on behalf of a labor
organization or against a labor organization, physical or mental handicap, age,
economic or social status or citizenship of the victim.
Pennsylvania
Crime/Penalty Yes
18 Pa. Cons. Stat. § 2710 (2010)—A person commits the offense of ethnic
Enhancement
intimidation if, with malicious intention toward the race, color, religion or national
origin of another individual or group of individuals, he commits an offense under
any other provision of this article or under Chapter 33 (relating to arson, criminal
mischief and other property destruction) exclusive of section 3307 (relating to
institutional vandalism) or under section 3503 (relating to criminal trespass) with
respect to such individual or his or her property or with respect to one or more
members of such group or to their property. an offense under this section shal be
classified one degree higher in the classification specified in section 106 (relating to
classes of offenses) than the classification of the other offense.
Institutional
Yes
18 Pa. Cons. Stat. § 3307 (2010)—A person commits the offense of institutional
Vandalism
vandalism if he knowingly desecrates, vandalizes, defaces or otherwise damages: (1)
any church, synagogue or other facility or place used for religious worship or other
religious purposes; (2) any cemetery, mortuary or other facility used for the
purpose of burial or memorializing the dead; (3) any school, educational facility,
community center, municipal building, courthouse facility, State or local
government building or vehicle or juvenile detention center; (4) the grounds
adjacent to and owned or occupied by any facility set forth in paragraph (1), (2) or
(3); or (5) any personal property located in any facility set forth in this subsection.
18 Pa. Cons. Stat. § 5509 (2010)—A person commits a misdemeanor of the second
degree if he intentional y desecrates any public monument or structure, or place of
worship or burial.
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State Statutes Governing Hate Crimes
Data
Yes
71 Pa. Cons. Stat. § 250 (2010)—The Pennsylvania State Police shall have the power
Collection
and its duty shall be to collect information relating to crimes and incidents related
to the race, color, religion or national origin of individuals or groups, which shall be
reported monthly by all local law enforcement agencies and the State Fire Marshal.
Law
No No statute found.
Enforcement
Training
Rhode Island
Crime/Penalty Yes
R.I. Gen. Laws § 12-19-38 (2010)—Enhances the penalty where the defendant
Enhancement
intentionally selected the person against whom the offense is committed, or
selected the property that is damaged, or otherwise affected by the offense
because of his or her hatred or animus toward the actual or perceived race,
religion, color, disability, national origin or ethnicity, gender, or sexual orientation
of that person or the owner or occupant of that property.
Institutional
Yes
R.I. Gen. Laws § 11-44-31 (2010)—Provides the penalties imposed when a person
Vandalism
willfully and maliciously or mischievously, injure or destroy or write upon, paint, or
otherwise damage or deface: (1) any church, synagogue, or other building,
structure, or place used for religious worship or other religious purpose; (2) any
cemetery, mortuary, or other facility used for the purpose of burial or
memorializing the dead; (3) any building used for educational purposes or as a
community meeting place and which is owned by an organization exempt from
taxation under 26 U.S.C. § 501; (4) any public building owned and/or operated by
the government of the United States or by the government of the state of Rhode
Island or its political subdivisions; (5) the grounds adjacent to and owned or rented
by any institution, facility, building, structure, or place described in subdivisions (1),
(2), (3), or (4) of this section; or (6) any personal property contained in any
institution, facility, building, structure, or place described in subdivisions (1), (2),
(3), (4), or (5) of this section.
Data
Yes
R.I. Gen. Laws § 42-28-46 (2010)—The state police shall, by January 1, 1994,
Collection
develop a system monitoring the occurrence of crimes committed in the state
which the evidence of the offense demonstrates was motivated by racial, religious,
ethnic bigotry, or bias on any other matter defined as a
“hate crime" herein. All
police departments within the state shal report monthly the occurrence of such
crimes to the state police.
Law
Yes
R.I. Gen. Laws § 42-28.2-8.1 (2010)—The commission on standards and training
Enforcement
shal prepare and publish mandatory training standards to provide instruction for
Training
police officers in identifying, responding to and reporting all incidents of “hate
crimes” pursuant to § 42-28-46.
South Carolina
Crime/Penalty Yes
S.C. Code Ann. § 16-5-10 (2009)—It is unlawful for two or more persons to band or
Enhancement
conspire together or go in disguise upon the public highway or upon the premises
of another with the intent to injure, oppress, or violate the person or property of
a citizen because of his political opinion or his expression or exercise of the same
or attempt by any means, measures, or acts to hinder, prevent, or obstruct a
citizen in the free exercise and enjoyment of any right or privilege secured to him
by the Constitution and laws of the United States or by the Constitution and laws
of this State.
S.C. Code Ann. § 16-7-120 (2009)—It shal be unlawful for any person to place or to
cause to be placed in a public place in the State a burning or flaming cross or any
manner of exhibit in which a burning or flaming cross, real or simulated, is the
whole or a part or to place or cause to be placed on the property of another in
the State a burning or flaming cross or any manner of exhibit in which a burning or
flaming cross, real or simulated, is the whole or a part, without first obtaining
written permission of the owner or occupier of the premises so to do.
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State Statutes Governing Hate Crimes
Institutional
Yes
S.C. Code Ann. § 16-11-535 (2009)—Whoever shall willfully, unlawfully, and
Vandalism
maliciously vandalize, deface, damage, or destroy or attempt to vandalize, deface,
damage, or destroy any place, structure, or building of worship or aid, agree with,
employ, or conspire with any person to do or cause to be done any of the acts
mentioned above is guilty of a felony.
S.C. Code Ann. § 16-11-110 (2009)—A person who willfully and maliciously causes
an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or
procures the burning that results in damage to a dwelling house, church or place of
worship, a public or private school facility, a manufacturing plant or warehouse, a
building where business is conducted, an institutional facility, or any structure
designed for human occupancy to include local and municipal buildings, whether
the property of himself or another, is guilty of arson.
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
South Dakota
Crime/Penalty Yes
S.D. Codified Laws §§ 22-19B-1, 22-19B-2 (2010)—No person may maliciously and
Enhancement
with the specific intent to intimidate or harass any person or specific group of
persons because of that person’s or group of persons' race, ethnicity, religion,
ancestry, or national origin: (1) cause physical injury to another person; or
(2) deface any real or personal property of another person; or (3) damage or
destroy any real or personal property of another person; or (4) threaten, by word
or act, to do the acts prohibited if there is reasonable cause to believe that any of
the acts prohibited in subdivision (1), (2), or (3) of this section will occur. Deface,
includes cross-burnings or the placing of any word or symbol commonly associated
with racial, religious, or ethnic terrorism on the property of another person
without that person's permission.
Institutional
No No statute found.
Vandalism
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
Tennessee
Crime/Penalty Yes
Tenn. Code Ann. § 40-35-114 (2010)—If appropriate for the offense and if not
Enhancement
already an essential element of the offense, the court shall consider, but is not
bound by, the following advisory factors in determining whether to enhance a
defendant’s sentence: 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 should not be construed to permit the
enhancement of a sexual offense on the basis of gender selection alone.
Tenn. Code Ann. § 39-17-309 (2010)—It is the right of every person regardless of
race, color, ancestry, religion or national origin, to be secure and protected from
fear, intimidation, harassment and bodily injury caused by the activities of groups
and individuals. It is an offense for a person to wear a mask or disguise with the
intent to commit the offense of intimidating others from exercising civil rights
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State Statutes Governing Hate Crimes
Institutional
Yes
Tenn. Code Ann. § 39-17-311 (2010)—A person commits an offense who
Vandalism
intentionally desecrates a place of worship or burial.
Tenn. Code Ann. § 39-14-301 (2010)—Arson of a place of worship
is a Class B
felony.
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
Texas
Crime/Penalty Yes
Tex. Code Crim. Proc. Ann. art. 42.014 (2010)—If the judge or the jury, determines
Enhancement
beyond a reasonable doubt that the defendant intentional y selected the person
against whom the offense was committed or intentionally selected property
damaged or affected as a result of the offense because of the defendant’s bias or
prejudice against a group identified by race, color, disability, religion, national origin
or ancestry, age, gender, or sexual preference, the sentencing judge may, as a
condition of punishment, require attendance in an educational program to further
tolerance and acceptance of others.
Tex. Penal Code Ann. §12.47 (2010)—If an affirmative finding under Article 42.014,
Code of Criminal Procedure, is made in the trial of an offense other than a first
degree felony or a Class A misdemeanor, the punishment for the offense is
increased to the punishment prescribed for the next highest category of offense.
Institutional
Yes
Tex. Penal Code Ann. § 28.03 (2010)—The offense of criminal mischief is a state jail
Vandalism
felony if the damage or destruction is inflicted on a place of worship or human
burial, a public monument, or a community center that provides medical, social, or
educational programs and the amount of the pecuniary loss to real property or to
tangible personal property is less than $ 20,000.
Tex. Penal Code Ann. § 28.08 (2010)—A person commits an offense if, without the
effective consent of the owner, the person intentionally or knowingly makes
markings, including inscriptions, slogans, drawings, or paintings, on the tangible
property of the owner with: paint; an indelible marker; or an etching or engraving
device. An offense under this section is a state jail felony if: (1) the marking is made
on a school, an institution of higher education, a place of worship or human burial,
a public monument, or a community center that provides medical, social, or
educational programs; and (2) the amount of the pecuniary loss to real property or
to tangible personal property is less than $ 20,000.
Data
Yes
Tex. Penal Code Ann. § 411.046 (2010)—The bureau of identification and records
Collection
shall establish and maintain a central repository for the collection and analysis of
information relating to crimes that are motivated by prejudice, hatred, or advocacy
of violence, including, but not limited to, incidents for which statistics are or were
kept under P.L. 101-275, as that law existed on July 3, 1996.
Law
No No statute found.
Enforcement
Training
Utah
Crime/Penalty Yes
Utah Code Ann. § 76-3-203.3 (2010)—Provides the penalty for hate crimes where a
Enhancement
person who commits any primary offense with the intent to intimidate or terrorize
another person or with reason to believe that his action would intimidate or
terrorize that person is subject to Subsection (2)(b).
Utah Code Ann. § 76-3-203.4 (2010)—The sentencing judge or the Board of
Pardons and Parole shall consider in their deliberations as an aggravating factor the
public harm resulting from the commission of the offense, including the degree to
which the offense is likely to incite community unrest or cause members of the
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State Statutes Governing Hate Crimes
community to reasonably fear for their physical safety or to freely exercise or
enjoy any right secured by the Constitution or laws of the state or by the
Constitution or laws of the United States.
Institutional
Yes
Utah Code Ann. § 76-6-101 (2010)—"Habitable structure" means any building,
Vandalism
vehicle, trailer, railway car, aircraft, or watercraft used for lodging or assembling
persons or conducting business whether a person is actual y present or not.
Utah Code Ann. § 76-6-103 (2010)—A person is guilty of aggravated arson if by
means of fire or explosives he intentionally and unlawfully damages: (a) a habitable
structure.
Data
Yes
Utah Code Ann. § 53-10-202 (2010)—The Bureau of Criminal Identification shall
Collection
establish a statewide uniform crime reporting system that shall include: statistics
concerning crimes that exhibit evidence of prejudice based on race, religion,
ancestry, national origin, ethnicity, or other categories that the division finds
appropriate.
Law
No No statute found.
Enforcement
Training
Vermont
Crime/Penalty Yes
Vt. Stat. Ann. tit. 13, § 1455 (2010)—Imposes additional penalties on a person who
Enhancement
commits, causes to be committed or attempts to commit any crime and whose
conduct is maliciously motivated by the victim’s actual or perceived race, color,
religion, national origin, sex, ancestry, age, service in the armed forces of the
United States, handicap as defined by 21 V.S.A. § 495d(5), sexual orientation or
gender.
Vt. Stat. Ann. tit. 13, § 1456 (2010)—Provides the penalty for any person who
intentional y and maliciously sets fire to, or burns, causes to be burned, or aids or
procures the burning of a cross or a religious symbol, with the intention of
terrorizing or harassing a particular person or persons.
Institutional
No No statute found.
Vandalism
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
Virginia
Crime/Penalty Yes
Va. Code Ann. § 18.2-57 (2010)—Imposes additional penalties if a person
Enhancement
intentionally selects the person against whom an simple assault or assault and
battery resulting in bodily injury is committed because of his race, religious
conviction, color or national origin.
Va. Code Ann. § 18.2-423 (2010)—It shal be unlawful for any person or persons,
with the intent of intimidating any person or group of persons, to burn, or cause to
be burned, a cross on the property of another, a highway or other public place.
Va. Code Ann. § 18.2-423.1 (2010)—It shal be unlawful for any person or persons,
with the intent of intimidating another person or group of persons, to place or
cause to be placed a swastika on any church, synagogue or other building or place
used for religious worship, or on any school, educational facility or community
center owned or operated by a church or religious body.
Va. Code Ann. § 18.2-423.2 (2010)—Any person who, with the intent of intimidating
any person or group of persons, displays a noose on the private property of
another without permission is guilty of a Class 6 felony. Any person who, with the
intent of intimidating any person or group of persons, displays a noose on a
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State Statutes Governing Hate Crimes
highway or other public place in a manner having a direct tendency to place
another person in reasonable fear or apprehension of death or bodily injury is
guilty of a Class 6 felony.
Institutional
Yes
Va. Code Ann. § 18.2.127 (2010)—Provides the penalties for any person who
Vandalism
willfully or maliciously destroys, mutilates, defaces, injures, or removes any object
or structure permanently attached or affixed within any church or on church
property, any tomb, monument, gravestone, or other structure placed within any
cemetery, graveyard, or place of burial.
Va. Code Ann. § 18.2.138 (2010)—Provides the penalties for any person who
willfully and maliciously breaks any window or door of the Capitol, any courthouse,
house of public worship, college, school house, city or town hall, or other public
building or library.
Data
Yes
Va. Code Ann. § 52-8.5 (2010)—The Superintendent shal establish and maintain
Collection
within the Department of State Police a central repository for the collection and
analysis of information regarding hate crimes and groups and individuals carrying
out such acts.
Law
No No statute found.
Enforcement
Training
Washington
Crime/Penalty Yes
Wash. Rev. Code Ann. §§ 9A.36.078, 9A.36.080 (2010)—(1) A person is guilty of
Enhancement
malicious harassment if he or she maliciously and intentionally commits one of the
following acts because of his or her perception of the victim’s race, color, religion,
ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory
handicap: (a) causes physical injury to the victim or another person; (b) causes
physical damage to or destruction of the property of the victim or another person;
or (c) threatens a specific person or group of persons and places that person, or
members of the specific group of persons, in reasonable fear of harm to person or
property. Words alone do not constitute malicious harassment unless the context
or circumstances surrounding the words indicate the words are a threat.
Threatening words do not constitute malicious harassment if it is apparent to the
victim that the person does not have the ability to carry out the threat. (2) In any
prosecution for malicious harassment, unless evidence exists which explains to the
trier of fact's satisfaction that the person did not intend to threaten the victim or
victims, the trier of fact may infer that the person intended to threaten a specific
victim or group of victims because of the person's perception of the victim's or
victims' race, color, religion, ancestry, national origin, gender, sexual orientation, or
mental, physical, or sensory handicap if the person commits one of the following
acts: (a) burns a cross on property of a victim who is or whom the actor perceives
to be of African American heritage; or (b) defaces property of a victim who is or
whom the actor perceives to be of Jewish heritage by defacing the property with a
swastika.
Institutional
Yes
Wash. Rev. Code Ann. § 9.61.160 (2010)—It shal be unlawful for any person to
Vandalism
threaten to bomb or otherwise injure any public or private school building, any
place of worship or public assembly, any governmental property, or any other
building, common carrier, or structure, or any place used for human occupancy; or
to communicate or repeat any information concerning such a threatened bombing
or injury, knowing such information to be false and with intent to alarm the person
or persons to whom the information is communicated or repeated.
Data
Yes
Wash. Rev. Code Ann. § 36.28A.030 (2010)—The Washington association of sheriffs
Collection
and police chiefs shall establish and maintain a central repository for the collection
and classification of information regarding violations of RCW 9A.36.080. Upon
establishing such a repository, the association shal develop a procedure to
monitor, record, and classify information relating to violations of RCW 9A.36.080
and any other crimes of bigotry or bias apparently directed against other persons
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State Statutes Governing Hate Crimes
because the people committing the crimes perceived that their victims were of a
particular race, color, religion, ancestry, national origin, gender, sexual orientation,
or had a mental, physical, or sensory handicap.
Law
Yes
Wash. Rev. Code Ann. § 43.101.290 (2010)—The criminal justice training
Enforcement
commission shall provide training for law enforcement officers in identifying,
Training
responding to, and reporting all violations of RCW 9A.36.080 and any other crimes
of bigotry or bias.
West Virginia
Crime/Penalty Yes
W. Va. Code Ann. § 61-6-21 (2010)— All persons within the boundaries of the State
Enhancement
of West Virginia have the right to be free from any violence, or intimidation by
threat of violence, committed against their persons or property because of their
race, color, religion, ancestry, national origin, political affiliation or sex. The fact
that a person committed a felony or misdemeanor, or attempted to commit a
felony, because of the victim’s race, color, religion, ancestry, national origin,
political affiliation or sex, shall be considered a circumstance in aggravation of any
crime in imposing sentence.
Institutional
No No statute found.
Vandalism
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
Wisconsin
Crime/Penalty Yes
Wis. Stat. § 939.645 (2010)—If a person does all of the following, the penalties for
Enhancement
the underlying crime are increased as provided in sub. (2): (a) Commits a crime
under chs. 939 to 948 and (b) Intentionally selects the person against whom the
crime under par. (a) is committed or selects the property that is damaged or
otherwise affected by the crime under par. (a) in whole or in part because of the
actors belief or perception regarding the race, religion, color, disability, sexual
orientation, national origin or ancestry of that person or the owner or occupant of
that property, whether or not the actors belief or perception was correct.
Institutional
Yes
Wis. Stat. § 943.012 (2010)—Whoever intentionally causes damage to, intentionally
Vandalism
marks, draws or writes with ink or another substance on or intentionally etches
into any physical property of another, without the persons consent and with
knowledge of the character of the property, is guilty of a Class I felony if the
property consists of one or more of the following: (1) Any church, synagogue or
other building, structure or place primarily used for religious worship or another
religious purpose. (2) Any cemetery, mortuary or other facility used for burial or
memorializing the dead. (3) Any school, educational facility or community center
publicly identified as associated with a group of persons of a particular race,
religion, color, disability, sexual orientation, national origin or ancestry or by an
institution of any such group. (4) Any personal property contained in any property
under subs. (1) to (3) if the personal property has particular significance or value to
any group of persons of a particular race, religion, color, disability, sexual
orientation, national origin or ancestry and the actor knows the personal property
has particular significance or value to that group.
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
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State Statutes Governing Hate Crimes
Wyoming
Crime/Penalty Yes
Wyo. Stat. Ann. § 6-9-102 (2010)—No person shal be denied the right to life,
Enhancement
liberty, pursuit of happiness or the necessities of life because of race, color, sex,
creed or national origin.
Institutional
No No statute found.
Vandalism
Data
No No statute found.
Collection
Law
No No statute found.
Enforcement
Training
Source: LexisNexis State Statutes.
Author Contact Information
Alison M. Smith
Cassandra L. Foley
Legislative Attorney
Law Librarian
amsmith@crs.loc.gov, 7-6054
cfoley@crs.loc.gov, 7-4179
Acknowledgments
This report was originally prepared by Charlene A. Austin, Law Clerk, under the general supervision of
Paul Starett Wallace Jr., Specialist in American Public Law.
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