Hate crime laws in the United States

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

Federal prosecution of hate crimes

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

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

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

Violent Crime Control and Law Enforcement Act (1994)
Main article: Violent Crime Control and Law Enforcement Act

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

Church Arson Prevention Act (1996)

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

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

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

State laws

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

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

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

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

18 states have hate crime laws regarding gender identity.[12]

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

Laws by state
State Classes covered Source
 Alabama Race, color, religion, national origin, ethnicity, physical and mental disabilities [13]
 Alaska Race, sex, color, creed, physical or mental disability, ancestry, and national origin [14]
 Arizona Race, color, religion, national origin, sexual orientation, gender, and disability [15][16]
 California Disability, gender, nationality, race or ethnicity, religion, sexual orientation, and "association with a person or group" of one of the other classes [17]
 Colorado Race, color, ancestry, religion, national origin, physical or mental disability, and sexual orientation [18]
 Connecticut Race, religion, ethnicity, disability, sex, sexual orientation, and gender identity or expression [19]
 Delaware Race, religion, color, disability, sexual orientation, gender identity, national origin, and ancestry [20]
 District of Columbia Race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibility, homelessness, physical disability, matriculation, and political affiliation of a victim [21]
 Florida Race, religion, ethnicity, color, ancestry, sexual orientation, and national origin [22]
 Georgia Race, color, religion, sex, gender, disability, sexual orientation, national origin, or ethnicity [23]
 Hawaii Race, religion, disability, ethnicity, national origin, gender identity or expression, and sexual orientation [24]
 Idaho Race, color, ancestry, religion, and national origin [25]
 Illinois Race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, and national origin of another individual or group of individuals [26]
 Indiana Color, creed, disability, national origin, race, religion, and sexual orientation [27][28]
 Iowa Race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability, and "the person’s association with a person" of one of the other classes [29]
 Kansas Race, color, religion, ethnicity, national origin, and sexual orientation [30]
 Kentucky Race, color, religion, sexual orientation, national origin, and employment as a law enforcement officer, firefighter, or emergency service personnel [31]
 Louisiana Race, age, gender, religion, color, creed, disability, sexual orientation, national origin, ancestry, membership or service in, or employment with, an organization, and employment as a law enforcement officer, firefighter, or emergency medical services personnel [32]
 Maine Race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation or homelessness [33]
 Maryland Race, color, religious beliefs, sexual orientation, gender, disability, national origin, and homelessness [34]
 Massachusetts Race, religion, ethnicity, disability, gender, gender identity, and sexual orientation [35]
 Michigan Race, ethnic origin, religion, gender, and sexual orientation [36]
 Minnesota Race, color, religion, sex, sexual orientation, disability, age, and national origin [37]
 Mississippi Race, color, ancestry, ethnicity, religion, national origin, gender, and employment as a law enforcement officer, firefighter or emergency medical technician [38]
 Missouri Race, color, religion, national origin, sex, sexual orientation, and disability [39]
 Montana Race, creed, religion, color, and national origin [40]
 Nebraska Race, color, religion, ancestry, national origin, gender, sexual orientation, age, and disability [41]
 Nevada Race, color, religion, national origin, physical or mental disability, sexual orientation, and gender identity [42]
 New Hampshire Religion, race, creed, sexual orientation, national origin, sex, and gender identity [43]
 New Jersey Race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, and ethnicity [44]
 New Mexico Race, religion, color, national origin, ancestry, age, disability, gender, sexual orientation. and gender identity [45]
 New York Race, color, national origin, ancestry, gender, gender identity, religion, religious practice, age, disability, and sexual orientation [46]
 North Carolina Race, color, religion, nationality, and country of origin [47]
 North Dakota Sex, race, color, religion, and national origin (applies only to discrimination in public places[48]) [49]
 Ohio Race, ethnic background, gender, sexual orientation, and religion [50]
 Oklahoma Race, color, religion, ancestry, national origin, and disability [51]
 Oregon Race, color, religion, gender identity, sexual orientation, disability, and national origin [52]
 Pennsylvania Race, color, religion, and national origin [53]
 Rhode Island Disability, religion, color, race, national origin or ancestry, sexual orientation, and gender [54]
 South Dakota Race, ethnicity, religion, ancestry, or national origin [55]
 Tennessee Race, religion, color, disability, sexual orientation, national origin, ancestry, and gender (including gender identity implicitly) [56][57]
 Texas Race, color, disability, religion, national origin or ancestry, age, gender, sexual preference, and by status as a peace officer or judge [58]
 Utah Not defined - Utah's hate crime law allows for harsher sentencing of hate crimes but does not define what classes are applicable under the law. [59]
 Vermont Race, color, religion, national origin, sex, ancestry, age, service in the U.S. Armed Forces, disability, sexual orientation, and gender identity [60]
 Virginia Race, religion, national origin, disability, sexual orientation, gender, and gender identity)[61][62] [63][64]
 Washington Race, color, religion, ancestry, national origin, gender, sexual orientation, disability, and gender identity [65][66]
 West Virginia Race, color, religion, ancestry, national origin, political affiliation, and sex [67]
 Wisconsin Race, religion, color, disability, sexual orientation, national origin, and ancestry [68]

Sexual orientation and gender identity
US state hate crime laws as they pertain to sexual orientation and gender identity.
  Sexual orientation and gender identity recognized in state hate crimes law
  Sexual orientation recognized in state hate crimes law
  Sexual orientation recognized for data collection about hate crimes
  State hate crimes law noninclusive [69]
1983
No LGBT hate crime statute at the state level
1984
California: Sexual orientation covered in hate crime statute[70]
1987
Connecticut: Sexual orientation covered in hate crime statute[71]
1988
Wisconsin: Sexual orientation covered in hate crime statute[72]
1989
Minnesota: Sexual orientation covered in hate crime statute[73]
Nevada: Sexual orientation covered in hate crime statute[74]
Oregon: Sexual orientation covered in hate crime statute[75]
1990
District of Columbia: Sexual orientation and gender identity covered in hate crime statute[76]
New Jersey: Sexual orientation covered in hate crime statute[77]
Vermont: Sexual orientation covered in hate crime statute[78]
1991
Florida: Sexual orientation covered in hate crime statute[79]
Illinois: Sexual orientation covered in hate crime statute[80]
New Hampshire: Sexual orientation covered in hate crime statute[81][82]
1992
Iowa: Sexual orientation covered in hate crime statute[83]
Michigan: Sexual orientation included in hate crime data collection only[84]
1993
Maine: Sexual orientation covered in hate crime statute[85]
Minnesota: Gender identity covered in hate crime statute[86]
Texas: Sexual orientation covered in hate crime statute[87]
Washington State: Sexual orientation covered in hate crime statute[88]
1996
Massachusetts: Sexual orientation covered in hate crime statute[89]
1997
Delaware: Sexual orientation covered in hate crime statute[90]
Louisiana: Sexual orientation covered in hate crime statute[91]
Nebraska: Sexual orientation covered in hate crime statute[92]
1998
California: Gender identity covered in hate crime statute[93]
Rhode Island: Sexual orientation covered in hate crime statute[94]
1999
Missouri: Sexual orientation and gender identity covered in hate crime statute[95]
Vermont: Gender identity covered in hate crime statute[78][96]
2000
Indiana: Sexual orientation included in hate crime data collection only[97]
Kentucky: Sexual orientation covered in hate crime statute[98]
New York: Sexual orientation covered in hate crime statute[99][100][101]
Tennessee: Sexual orientation covered in hate crime statute[102]
2002
Kansas: Sexual orientation covered in hate crime statute[103]
Pennsylvania: Sexual orientation and gender identity covered in hate crime statute[104]
Puerto Rico: Sexual orientation and gender identity covered in hate crime statute[105]
2003
Arizona: Sexual orientation covered in hate crime statute
Hawaii: Sexual orientation and gender identity covered in hate crime statute
New Mexico: Sexual orientation and gender identity covered in hate crime statute
2004
Connecticut: Gender identity covered in hate crime statute
Georgia: Sexual orientation and gender identity no longer explicitly listed as protected class in hate crime statute by the Supreme Court of Georgia (U.S. state)
2005
Colorado: Sexual orientation and gender identity covered in hate crime statute
Maryland: Sexual orientation and gender identity covered in hate crime statute
2008
New Jersey: Gender identity covered in hate crime statute
Oregon: Gender identity covered in hate crime statute
Pennsylvania: Sexual orientation and gender identity no longer explicitly listed as protected class in hate crime statute by the Supreme Court of Pennsylvania
2012
Massachusetts: Gender identity covered in hate crime statute[106]
Rhode Island: Gender identity covered in hate crime statute
2013
Delaware: Gender identity covered in hate crime statute
Nevada: Gender identity covered in hate crime statute
2016
Illinois: Gender identity covered in hate crime statute[107]
2019
Tennessee: Gender Identity covered in hate crime statute[108]
Indiana: Sexual orientation covered in hate crime statute[109]
Utah: Sexual orientation and gender identity covered in hate crime statute[110]
Maine: Sexual orientation and gender identity covered in hate crime statute[64][111]
New Hampshire: Gender identity covered in hate crime statute[112]
Washington State: Gender identity covered in hate crime statute[113]
New York State: Gender identity covered in hate crime statute[114]
2020
Georgia: Sexual orientation covered in hate crime statute[115]
Virginia: Sexual orientation and gender identity covered in hate crime statute[61][62][64]

Members of law enforcement

On May 26, 2016, Louisiana was the first state to add police officers and firefighters to their state hate crime statute, when Governor John Bel Edwards signed an amendment from the legislature into law. This amendment was added, in part, as a response to the Black Lives Matter movement, which seeks to end police brutality against black people, with some advocates of the amendment using the slogan "Blue Lives Matter". Since the inception of Black Lives Matter, critics have found some of the movement's rhetoric anti-police, with the author of the amendment, Lance Harris, stating some "were employing a deliberate campaign to terrorize our officers". Despite the killing of a Texas sheriff in 2015 and the killings of two NYPD officers in the previous year, in response to the death of Eric Garner and the shooting of Michael Brown, there was little to no data suggesting hate crimes against law enforcement were a common problem when the bill was passed.[116][117] A little less than two months after the amendment was passed, Baton Rouge was in the national spotlight after the Baton Rouge Police killing of Alton Sterling by two white police officers. This sparked protests in Baton Rouge, resulting in hundreds of arrests and increased racial tension nationally. In the week during those protests, five police officers were killed in Dallas, and the week after the protests, three more officers were killed in Baton Rouge. Both perpetrators were killed and the motives behind both shootings were responses to the recent killings of Black men by police officers.

Data collection statutes

Hate Crime Statistics Act of 1990
Main article: Hate Crime Statistics Act

The Hate Crime Statistics Act of 1990 28 U.S.C. § 534,[118] requires the Attorney General to collect data on crimes committed because of the victim's race, religion, disability, sexual orientation, or ethnicity. The bill was signed into law in 1990 by George H. W. Bush, and was the first federal statute to "recognize and name gay, lesbian and bisexual people."[119] Since 1992, the Department of Justice and the FBI have jointly published an annual report on hate crime statistics.[120]

Violent Crime Control and Law Enforcement Act of 1994
Main article: Violent Crime Control and Law Enforcement Act

In 1994, the Violent Crime Control and Law Enforcement Act expanded the scope of required FBI data to include hate crimes based on disability, and the FBI began collecting data on disability bias crimes on January 1, 1997.[121] In 1996, Congress permanently reauthorized the Act.

Campus Hate Crimes Right to Know Act of 1997

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

Prevalence of hate crimes

The DOJ and the FBI have gathered statistics on hate crimes reported to law enforcement since 1992 in accordance with the Hate Crime Statistics Act. The FBI's Criminal Justice Information Services Division has annually published these statistics as part of its Uniform Crime Reporting program. According to these reports, of the over 113,000 hate crimes since 1991, 55% were motivated by racial bias, 17% by religious bias, 14% sexual orientation bias, 14% ethnicity bias, and 1% disability bias.[122] David Ray Hate Crimes Prevention Act

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

Victims per Year by Bias Motivation[120]
Department of Justice / FBI Hate Crimes Statistics
Bias Motive19951996[123]1997[124]1998[125]1999[126]2000[127]2001[128]2002[129]2003[130]2004[131]2005[132]2006[133]2007[134]2008[135]2009[136]2010[137]2011[138]2012[139]2013[140]2014[141]2015[142]2016[143]2017[144] 2018[145]
Race6,4386,9946,0845,5145,4855,3975,5454,5804,7545,1194,8955,0204,9564,9344,0573,9493,6453,4673,5633,227
Race/Ethnicity/Ancestry4,2164,4265,060 5,155
Religion1,6171,5351,5861,7201,6861,6992,1181,6591,4891,5861,4051,7501,6281,7321,5751,5521,4801,3401,2231,1401,4021,5841,749 1,617
Sexual Orientation1,3471,2811,4011,4881,5581,5581,6641,5131,4791,4821,2131,4721,5121,7061,4821,5281,5721,3761,4611,2481,2631,2551,338 1,445
Ethnicity/National Origin1,0441,2071,1329561,0401,2162,6341,4091,3261,2541,2281,3051,3471,2261,1091,122939866821821
Disabilityunknownunknown12272336375043735495848599486110299968877160 179
Genderunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknown3040303654 61
Gender Identityunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknownunknown33109122131132 189
Single-Bias10,44611,01710,21597059,7929,90611,9989,2119,0919,5148,7959,6429,5279,6838,3228,1997,6977,1517,2306,6817,1217,5098,493 8,646
Multiple-Bias2322401710182211914910881491613124652106335 173
Total10,46911,03910,2559,7229,8029,92412,0209,2229,1009,5288,8049,6529,5359,6918,3368,2087,7137,1647,2426,7277,1737,6158,828 8,819

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

2008 Hate Crimes vs. 2008 Crimes per offense type[146][147]
Department of Justice / FBI crimes statistics
Offense typeHate CrimesAll US Crimes
Murder and non-negligent manslaughter716,272
Forcible rape1189,000
Robbery145441,855
Aggravated assault1,025834,885
Burglary1582,222,196
Larceny-theft2246,588,873
Motor vehicle theft26956,846

Deliberate attacks on the homeless as hate crimes

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

A 2007 study found that the number of violent crimes against the homeless is increasing.[148][149] The rate of such documented crimes in 2005 was 30% higher than of those in 1999.[150] 75% of all perpetrators are under the age of 25. Studies and surveys indicate that homeless people have a much higher criminal victimization rate than the non-homeless, but that most incidents never get reported to authorities.

In recent years, largely due to the efforts of the National Coalition for the Homeless (NCH) and academic researchers the problem of violence against the homeless has gained national attention. The NCH called deliberate attacks against the homeless hate crimes in their report Hate, Violence, and Death on Mainstreet USA (they retain the definition of the American Congress).[151]

The Center for the Study of Hate & Extremism at California State University, San Bernardino in conjunction with the NCH found that 155 homeless people were killed by non-homeless people in "hate killings", while 76 people were killed in all the other traditional hate crime homicide categories such as race and religion, combined.[149] The CSHE contends that negative and degrading portrayals of the homeless contribute to a climate where violence takes place.

Hate crime laws debate
Main article: Debate over hate crime laws

Penalty-enhancement hate crime laws are traditionally justified on the grounds that, in Chief Justice Rehnquist's words, "this conduct is thought to inflict greater individual and societal harm.... bias-motivated crimes are more likely to provoke retaliatory crimes, inflict distinct emotional harms on their victims, and incite community unrest."[152]

Classification of crimes committed against Caucasians

In a 2001 report: Hate crimes on campus: the problem and efforts to confront it, by Stephen Wessler and Margaret Moss of the Center for the Prevention of Hate Violence at the University of Southern Maine, the authors note that "although there are fewer hate crimes directed against Caucasians than against other groups, they do occur and are prosecuted."[153] In fact, the case in which the Supreme Court upheld hate crimes legislation against First Amendment attack, Wisconsin v. Mitchell, 508 U.S. 476 (1993), involved a white victim. Hate crime statistics published in 2002, gathered by the FBI under the auspices of the Hate Crime Statistics Act of 1990, documented over 7,000 hate crime incidents, in roughly one-fifth of which the victims were white people.[154] However, these statistics have caused dispute. The FBI's hate crimes statistics for 1993, which similarly reported 20% of all hate crimes to be committed against white people, prompted Jill Tregor, executive director of Intergroup Clearinghouse, to decry it as "an abuse of what the hate crime laws were intended to cover", stating that the white victims of these crimes were employing hate crime laws as a means to further penalize minorities.[155]

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

Analysis of the 1999 FBI statistics by John Perazzo in 2001 found that white violence against black people was 28 times more likely to be labelled as a hate crime (1 in 45 incidents) than black violence against white people (1 in 1254 incidents).[156] In analyzing hate crime hoaxes, Katheryn Russell-Brown propounds a hypothesis explaining the disparity in how hate crimes against whites are viewed with respect to hate crimes against blacks. She hypothesizes that the prevailing view in the minds of the public, that hate-crimes-against-blacks hoaxers intend to take advantage of, is that the crime that whites are most likely to commit against blacks is a hate crime, and that it is hard for (in her words) "most of us" to envision a white person committing a crime against a black person for a different reason. The only white people who commit crimes against black people, goes the public belief, are racially prejudiced white extremists. Whereas in contrast, she continues, the situation with hate-crimes-against-whites hoaxers differs, because the popular perception is that black people in general are liable to "run amok, committing depraved, unprovoked acts of violence" against white people.[157]

P. J. Henry and Felicia Pratto assert that while certain hate crimes (that they do not specify) against white people are a valid category, that one can "speak sensibly of", and that while such crimes may be the result of racial prejudice, (and therefore if that is the case, they are squarely covered by hate crime legislation intent for prosecution), in a limited definition of the word, they assert do not constitute actual racism per se, because a hate crime against a member of a group that is superior in the alleged and dated power hierarchy by a member of one that is inferior, they believe may not be racist. The concept of racism as understood by a limited number of social scientists and some others, they allege, requires as a fundamental element a superior-to-inferior group-based power relationship, which a hate crime against white people they believe does not have. However, other social scientists who define racism in a broader sense realize "whites" have over the many centuries, and often do experience discrimination and segregation from their "non white" human cousins, because of their actually or perceived race. And since the components of discrimination and segregation exist within an academic definition of racism, "whites" have been, and many times are victims of racism. Current prison culture in America is a classic example of such discrimination and segregation, as whole groups, and different "races" are discriminated against and segregated based on such, with "whites" receiving more harsh treatment because of their perceived race and/or minority status in prison.

Not all social scientists agree or affirm the opinion/supposition that racism litmus tests should be based on a group-based power relationships that include thousands of individuals over hundreds of years, rather they affirm they should be taken on a more individual case by case basis. Many social scientists agree that this is the most comprehensive and sensible way to determine whether racism is truly a motivating factor when the victim is white and the perpetrator is black. "Whites" are legally protected by hate crimes laws both within the laws themselves, and within the constitution's requirement they receive equal protection of the laws. Therefore, it's a moot point to determine if racism is a factor in the case of "black" on "white" crime for prosecution, since racism alone is not the only factor needed for prosecution. What is relevant to determine prosecution for a hate crime is whether any race or some other "protected characteristic" not "protected groups" was a factor in why a person targeted that/those individual/s to be their victim. e.g. If a "black" person targets a "white" person to be their victim simply because of his/her race or perceived race, whatever their accompanying rationale, they would be subject to hate crime prosecution. However, it's not without merit to determine their rationale, because it's within their rationale that one may verify if a true hate crime has been committed. This is why hate crimes are difficult to prosecute, because they essentially involve prosecuting thoughts rather than physical crimes, which are easier to prove. Therefore, this individual approach has been preferred over a blanket broad brush approach of past perceived ancestral sufferings and feelings of inferiority and/or superiority of groups that encompass thousands of individuals over hundreds of years.[158]

Spike in hate crimes (2017)

The United States has experienced a significant increase in acts of intimidation, vandalism, and violence towards the Muslim and Jewish communities. Following the September 11, 2001, terrorist attacks, the nation witnessed a wave of attacks against Americans and others who appeared to be Muslim, Sikh, Middle Eastern, or South Asian. We have also witnessed an uptick in crimes against the Jewish community in 2016 and 2017.

— Chief Will D. Johnson Chair of the International Association of Chiefs of Police to the United States Senate Committee on the Judiciary hearing entitled "Responses to the Increase in Religious Hate Crimes" May 2, 2017

A United States Senate Committee on the Judiciary hearing entitled "Responses to the Increase in Religious Hate Crimes"[159] was held on May 2, 2017 following a "wave of more than 150 bomb threats against Jewish community centers and day schools".[160][161] In his statement to the hearing, Vanita Gupta, of the Leadership Conference on Civil and Human Rights, reported that,[162]

Today's hearing comes at a crucial time, when too many people in this country feel unwelcome, unsafe, and marginalized. Divisive rhetoric during the recent presidential election, comments and policies targeting or casting wide aspersions on Muslim, immigrant, and other marginalized communities have heightened concerns that our country is increasingly legitimizing or normalizing hate. From the tragic shooting of two South Asian men in Kansas told to "get out of my country" to mosque arsons and synagogue vandalism to the defacing of a Maryland church with graffiti stating, "Trump Nation, Whites Only," an alarming number of gut-wrenching incidents of hate-motivated violence have shaken the public in recent months.

— Vanita Gupta Senate Committee on the Judiciary hearing on hate crimes. May 2, 2017

During the hearing Eric Treene, the Justice Department's "special counsel for religious discrimination" said that Attorney General Jeff Sessions was "committed to prosecuting those who commit religious hate crimes." Democratic senators raised concerns that the "rhetoric and policies" of President Donald Trump's administration had "contributed to a spike" in hate crimes.[160] The hearing did not include any Muslims.[163]

A May 30 article in The Guardian entitled "Legitimized in their hatred': a weekend of violence in Trump's America" questioned whether Trump's presidency had "emboldened racial violence" and listed the "brutal double murder in Portland, a stabbing in California,[164] and the hit-and-run death of a Native American man"[165] over Memorial weekend as "dark signs".[166] Thirty-four-year-old Anthony Hammond faced hate crime charges after reportedly stabbing "a black man with a machete after yelling racial slurs" on May 27, 2017 in Clearlake, California.[164]

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See also

References
  1. "Federally Protected Activities". United States Department of Justice, Civil Rights Division. Archived from the original on 1 January 2011.
  2. "Civil Rights Statutes". FBI.
  3. "Hate Crime Sentencing Act". Anti-Defamation League. Archived from the original on 7 July 2009. Retrieved 10 December 2009.
  4. "S. 1890 (104th): Church Arson Prevention Act of 1996". GovTrack.us. Civic Impulse, LLC. Retrieved 13 November 2014.
  5. "H.R. 3525 (104th): Church Arson Prevention Act of 1996". GovTrack.us. Civic Impulse, LLC. Retrieved 13 November 2014.
  6. "Civil Rights Monitor". The Leadership Conference. The Leadership Conference Education Fund. Archived from the original on 2014-11-29. Retrieved 19 November 2014.
  7. "Nation In Brief". The Washington Post. 2004-10-26. Retrieved 2010-05-04.
  8. "Georgia's Kemp signs hate crimes law after outcry over death". AP NEWS. 2020-06-26. Retrieved 2020-06-30.
  9. State Hate Crime Laws Archived 2007-06-14 at the Wayback Machine, Anti-Defamation League, June 2006. Retrieved 2007-05-04;
  10. "Florida among first states to make attacks on homeless hate crimes". Retrieved May 25, 2010. May 18, 2010, Orlando Sentinel, Quote: "Florida becomes only the fourth jurisdiction to make attacks on homeless people a hate crime – behind Maryland, Maine and Washington, D.C."
  11. "ADL Hate Crime Map". Anti-Defamation League. Retrieved 2020-06-17.
  12. "ADL Hate Crimes Map". Retrieved 7 October 2019.
  13. Alabama State Legislature. "Section 13A-5-13 - Crimes motivated by victim's race, color, religion, national origin, ethnicity, or physical or mental disability". Code of Alabama. Retrieved 19 June 2019.
  14. AS 12.55.155
  15. Arizona State Legislature. "Section 13-701. Sentence of imprisonment for felony; presentence report; aggravating and mitigating factors; consecutive terms of imprisonment; definition". Arizona Revised Statutes. Retrieved 22 June 2019. 15. Evidence that the defendant committed the crime out of malice toward a victim because of the victim's identity in a group listed in section 41-1750, subsection A, paragraph 3 or because of the defendant's perception of the victim's identity in a group listed in section 41-1750, subsection A, paragraph 3.
  16. Arizona State Legislature. "Section 41-1750. Central state repository; department of public safety; duties; funds; accounts; definitions". Arizona Revised Statutes. Retrieved 22 June 2019.
  17. California State Legislature (2004). "CHAPTER 1. Definitions [422.55 - 422.57]". Penal Code of California. Retrieved 22 June 2019.
  18. Colorado General Assembly. "Section 18-9-121. Bias-motivated crimes". Colorado Revised Statutes. LexisNexis. Retrieved 22 June 2019.
  19. Connecticut General Assembly. "Chapter 952 - Penal Code: Offenses". General Statutes of Connecticut. Retrieved 22 June 2019. Sec. 53a-181j. Intimidation based on bigotry or bias in the first degree: Class C felony [infra]
  20. Delaware General Assembly. "TITLE 11 - CHAPTER 5. SPECIFIC OFFENSES - Subchapter VII. Offenses Against Public Health, Order and Decency". Delaware Code Online. Retrieved 22 June 2019. § 1304 Hate crimes; class A misdemeanor, class G felony, class F felony, class E felony, class D felony, class C felony, class B felony, class A felony. [infra]
  21. Council of the District of Columbia. "Chapter 37. Bias-Related Crime". Code of the District of Columbia. Retrieved 22 June 2019.
  22. Florida Legislature. "877.19 Hate Crimes Reporting Act.—". 2018 Florida Statutes. Retrieved 22 June 2019.
  23. https://www.npr.org/sections/live-updates-protests-for-racial-justice/2020/06/26/884003927/after-ahmaud-arberys-killing-georgia-gov-signs-hate-crimes-legislation
  24. Hawaii Legislature. "§846-51 Definitions". 2018 Hawaii Revised Statutes. Retrieved 4 July 2019.
  25. Idaho Legislature. "Section 18-7901. PURPOSE". Idaho Statutes. Retrieved 4 July 2019.
  26. Illinois General Assembly. "Article 12 - Subdivision 15. Intimidation". Retrieved 4 July 2019. Sec. 12-7.1. Hate crime. [infra]
  27. Senate Bill No. 198 of 2019. Indiana General Assembly. p. 2. Retrieved 4 July 2019.
  28. Indiana General Assembly. "IC 10-13-3-1 "Bias crime"". Indiana Code. Retrieved 4 July 2019.
  29. Iowa Legislature. "CHAPTER 729A - VIOLATION OF INDIVIDUAL RIGHTS — HATE CRIMES". Iowa Code. Retrieved 4 July 2019.
  30. Kansas State Legislature. "21-6815. Imposition of presumptive sentence; jury requirements; departure sentencing; substantial and compelling reasons for departure; mitigating and aggravating factors". Kansas Statutes. Retrieved 4 July 2019. (C) The offense was motivated entirely or in part by the race, color, religion, ethnicity, national origin or sexual orientation of the victim or the offense was motivated by the defendant's belief or perception, entirely or in part, of the race, color, religion, ethnicity, national origin or sexual orientation of the victim whether or not the defendant's belief or perception was correct.
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  32. Louisiana State Legislature. "§107.2. Hate crimes". Louisiana Revised Statutes. Retrieved 8 July 2019.
  33. Maine State Legislature. "Title 17-A, §1151. Purposes". Maine Revised Statutes. Retrieved 8 July 2019.
  34. Maryland General Assembly. "Criminal Law" (PDF). Maryland Code. p. 425. Retrieved 8 July 2019. §10–304. [infra]
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  36. Michigan Legislature. "28.257a Crimes motivated by prejudice or bias; report". Michigan Compiled Laws. Retrieved 8 July 2019.
  37. Minnesota Legislature. "611A.79 CIVIL DAMAGES FOR BIAS OFFENSES". 2018 Minnesota Statutes. Retrieved 8 July 2019.
  38. Mississippi Legislature. "§ 99-19-301. Penalties subject to enhancement; definitions". Mississippi Code of 1972. LexisNexis. Retrieved 8 July 2019.
  39. Missouri Legislature. "557.035. Hate offenses — provides enhanced penalties for motivational factors in certain offenses". Revised Statutes of Missouri. Missouri Reviser of Statutes. Retrieved 8 July 2019.
  40. Montana Legislature. "45-5-221. Malicious intimidation or harassment relating to civil or human rights -- penalty". Montana Code Annotated 2017. Retrieved 8 July 2019.
  41. Nebraska Legislature. "28-111. Enhanced penalty; enumerated offenses". Nebraska Revised Statutes. Retrieved 9 July 2019.
  42. Nevada Legislature. "Title 15 - Crime and Punishments: Chapter 193 - General Provisions". Nevada Revised Statutes. Retrieved 9 July 2019. NRS 193.1675  Additional penalty: Commission of crime because of certain actual or perceived characteristics of victim. [infra]
  43. New Hampshire General Court. "651:6 Extended Term of Imprisonment". New Hampshire Statutes. Retrieved 9 July 2019.
  44. New Jersey Legislature. "2C:16-1 Bias intimidation". New Jersey Legislative Statutes. doi:10.1048/Enu (inactive 2020-01-22). Retrieved 9 July 2019.
  45. New Mexico Legislature. "31-18B-3. Hate crimes; noncapital felonies, misdemeanors or petty misdemeanors committed because of the victim's actual or perceived race, religion, color, national origin, ancestry, age, disability, gender, sexual orientation or gender identity; alteration of basic sentence". NMOneSource.com. New Mexico Compilation Commission. Retrieved 9 July 2019.
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  50. Ohio Legislature. "2929.12 Seriousness of crime and recidivism factors". Ohio Revised Code. Retrieved 9 July 2019.
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  53. Pennsylvania General Assembly. "Title 18 - Crimes and Offenses" (PDF). Pennsylvania Consolidated Statutes. p. 95. Retrieved 9 July 2019.
  54. Rhode Island General Assembly. "§ 12-19-38. Hate Crimes Sentencing Act". Rhode Island General Laws. Retrieved 9 July 2019.
  55. South Dakota Legislature. "Chapter 22-19B - Hate Crimes". South Dakota Codified Laws. Retrieved 10 July 2019.
  56. Tennessee General Assembly. "§ 40-35-114. Enhancement factors". Tennessee Code Unannotated. LexisNexis. Retrieved 10 July 2019. (17) The defendant intentionally selected the person against whom the crime was committed or selected the property that was damaged or otherwise affected by the crime, in whole or in part, because of the defendant's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin, ancestry or gender of that person or the owner or occupant of that property; however, this subdivision (17) should not be construed to permit the enhancement of a sexual offense on the basis of gender selection alone;
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  58. Texas Legislature. "Chapter 42. Judgment and Sentence". Texas Code of Criminal Procedure. Retrieved 10 July 2019. Art. 42.014. FINDING THAT OFFENSE WAS COMMITTED BECAUSE OF BIAS OR PREJUDICE. [infra]
  59. Utah Sate Legislature. "76-3-203.3. Penalty for hate crimes -- Civil rights violation". Utah Code. Retrieved 10 July 2019.
  60. Vermont General Assembly. "Title 13: Crimes And Criminal Procedure - Chapter 33: Injunctions Against Hate-motivated Crimes". Vermont Statutes Online. Retrieved 10 July 2019.
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  65. Washington State Legislature. "9A.36.078: Malicious harassment—Finding". Revised Code of Washington. Retrieved 10 July 2019.
  66. Section 1, Chapter No. 271 of 2019 (PDF). Washington State Legislature. p. 1. Retrieved 10 July 2019.
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  84. "Section 28.257a Crimes motivated by prejudice or bias; report". Michigan Legislature.
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  92. "Nebraska Passes Hate Crimes Law" (PDF). Academic Freedom Coalition of Nebraska.
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  94. "§ 12-19-38 Hate Crimes Sentencing Act". State of Rhode Island.
  95. "Hate crimes--provides enhanced penalties for motivational factors in certain crimes--definitions". Missouri Revised Statutes. August 28, 2003. Archived from the original on October 27, 2004.
  96. Wyman, Hastings (2005). "Transgender and Bisexual Issues in Public Administration and Policy". In Swan, Wallace (ed.). Handbook of Gay, Lesbian, Bisexual, and Transgender Administration and Policy. Public Administration and Public Policy. 106. Taylor & Francis. p. 131. ISBN 978-0-8247-5087-9 – via Google Books.
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  99. "S04691". New York State Assembly. Retrieved July 26, 2011.
  100. Hernandez, Raymond (11 July 2000). "Pataki Signs Bill Raising Penalties In Hate Crimes". New York Times. Retrieved July 26, 2011.
  101. Ball, Bryan (20 January 2011). "Last year saw progress on issues of gay rights". Buffalo News. Archived from the original on 23 January 2011. Retrieved July 25, 2011.
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  105. Coto, Danica (9 June 2011). "Puerto Rican activists demand hate-crime charges amid gay, lesbian and transgender slayings". The Miami Herald. Associated Press. Retrieved April 8, 2014.
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  107. Lovett, Colin (July 20, 2015). "Illinois Gov. Bruce Rauner Signs Enhanced Hate Crimes Law". LGBTQ Nation.
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  116. Pérez-Peña, Richard (27 May 2016). "Louisiana Enacts Hate Crimes Law to Protect a New Group: Police". The New York Times. Retrieved 27 May 2016.
  117. Harris, Lance. "House Bill No. 953" (PDF). Louisiana State Legislature. Retrieved 27 May 2016.
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  119. "Hate Crimes Protections Timeline". National Gay and Lesbian Task Force. Archived from the original on 2014-04-01. Retrieved 2007-05-04.
  120. "Uniform Crime Reports". CJIS. FBI. Archived from the original on 24 October 2004. Retrieved 10 December 2009.
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  123. https://ucr.fbi.gov/hate-crime/1996. Retrieved 24 April 2019. Missing or empty |title= (help)
  124. https://ucr.fbi.gov/hate-crime/1997. Retrieved 24 April 2019. Missing or empty |title= (help)
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  148. Lewan, Todd, "Unprovoked Beatings of Homeless Soaring", Associated Press, April 8, 2007.
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  154. Joel Samaha (2005). Criminal justice (7th ed.). Cengage Learning. p. 44. ISBN 9780534645571.
  155. Jacobs, James B.; Potter, Kimberly (2000). Hate crimes: criminal law & identity politics. Studies in Crime and Public Policy. Oxford University Press, USA. p. 134. ISBN 9780198032229. When the FBI's 1993 hate crime statistics reported that whites comprised 20 percent of all hate crime victims, some advocacy groups questioned whether the hate crime laws were being perverted.12 Jill Tregor, executive director of the San Francisco-based Intergroup Clearinghouse, which provides legal and emotional counseling to hate crime victims, stated, "This is an abuse of what the hate crime laws were intended to cover."13 Tregor accused white hate crime victims of using the laws to enhance penalties against minorities, who already experience prejudice within the criminal justice system.14 Whites, generally sympathetic to the aspirations of minorities, may bristle at the suggestion that crimes motivated by blacks' racism against whites should be treated as a less virulent strain of hate crime, or not as hate crime at all. While no enacted hate crime law makes that distinction, a number of writers in prominent publications, likening hate crime laws to affirmative action for "protected groups," advocate the exclusion of racist crimes against whites from their coverage.15 This issue alone seems fraught with potential for social conflict and constitutional concerns.
  156. Anthony Walsh (2004). Race and crime: a biosocial analysis. Nova Publishers. pp. 44–45. ISBN 9781590339701.
  157. Katheryn Russell-Brown (1998). The color of crime: racial hoaxes, white fear, black protectionism, police harassment, and other macroaggressions. Critical America. NYU Press. pp. 80. ISBN 9780814774717.
  158. P. J. Henry and Felicia Pratto (2010). "Power and Racism". In Ana Guinote and Theresa K. Vescio (ed.). The Social Psychology of Power. Guilford Press. p. 344. ISBN 9781606236192.
  159. "Responses to the Increase in Religious Hate Crimes". United States Senate Committee on the Judiciary. May 2, 2017. Retrieved May 31, 2017. Senators Chuck Grassley R (IA) (Chair), Patrick Leahy D (VT) and Dick Durbin D (IL)
  160. Gurman, Sadie (May 2, 2017). "Justice Department committed to prosecuting religious hate crimes, official says". Washington: Associated Press. Retrieved May 31, 2017.
  161. "Statement of Chief Will D. Johnson Chair of the International Association of Chiefs of Police Human and Civil Rights Committee Responses to the Increase in Religious Hate Crimes Committee on the Judiciary United States Senate" (PDF). International Association of Chiefs of Police (IACP). May 2, 2017. p. 6. Retrieved May 31, 2017. The United States has experienced a significant increase in acts of intimidation, vandalism, and violence towards the Muslim and Jewish communities. Following the September 11, 2001, terrorist attacks, the nation witnessed a wave of attacks against Americans and others who appeared to be Muslim, Sikh, Middle Eastern, or South Asian. We have also witnessed an uptick in crimes against the Jewish community in 2016 and 2017.
  162. "Statement of Vanita Gupta, Incoming President & Ceo The Leadership Conference on Civil and Human Rights "Responses to the increase in religious hate crimes"" (PDF). United States Senate Committee on the Judiciary. May 2, 2017. Retrieved May 31, 2017.
  163. Abdelaziz, Rowaida (May 2, 2017). "Senators Held A Hearing About Religious Hate Crimes, And Not One Muslim Was Included: We can't tackle Islamophobia without Muslims". The Huffington Post. Retrieved May 31, 2017.
  164. "Police: Man yelled racial slurs before machete attack in Northern California". Los Angeles Times via Associated Press. May 30, 2017. Retrieved May 31, 2017.
  165. Kamb, Lewis (May 29, 2017). "Young father run down, killed in Grays Harbor County campground confrontation". Seattle Times. Retrieved May 31, 2017.
  166. Levin, Sam (May 31, 2017). "'Legitimized in their hatred': a weekend of violence in Trump's America: Has Donald Trump's presidency emboldened racial violence? A brutal double murder in Portland, a stabbing in California, and the hit-and-run death of a Native American man – all within a few days – are dark signs". The Guardian. San Francisco. Retrieved May 31, 2017.
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