A hate crime is usually defined by state law as one that involves threats, harassment, or physical harm and is motivated by prejudice against someone’s race, color, religion, national origin, ethnicity, sexual orientation or physical or mental disability. Laws vary by state and if hate crimes are provided for by statute, the definitions of hate crimes and penalties imposed vary. States that have hate crime statutes provide harsher penalties for such offenses. The underlying criminal offenses that are designated in hate crime laws include, but are not limited to, crimes against persons such as harassment, terrorist threats, assault and crimes against property, such as criminal trespass, criminal mischief and arson. It may also include vandalism causing damage to a church, synagogue, cemetery, mortuary, memorial to the dead, school, educational facility, community center, municipal building, courthouse, juvenile detention center, grounds surrounding such places or personal property located within such places.
The current federal law regarding hate crimes deals with crimes where the offender is motivated by bias against a race, religion, disability, sexual orientation, or ethnicity/national origin and only applies if the crime happens when a person is attending a public school or is at work or participating in one of four other “federally protected activities.” The following is an example of a state statute governing hate crimes:
a. The Legislature finds and declares the following:
1. It is the right of every person, regardless of race, color, religion, national origin, ethnicity, or physical or mental disability, to be secure and protected from threats of reasonable fear, intimidation, harassment, and physical harm caused by activities of groups and individuals.
2. It is not the intent, by enactment of this section, to interfere with the exercise of rights protected by the Constitution of the State of Alabama or the United States.
3. The intentional advocacy of unlawful acts by groups or individuals against other persons or groups and bodily injury or death to persons is not constitutionally protected when violence or civil disorder is imminent, and poses a threat to public order and safety, and such conduct should be subjected to criminal sanctions.
b. The purpose of this section is to impose additional penalties where it is shown that a perpetrator committing the underlying offense was motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability.
c. A person who has been found guilty of a crime, the commission of which was shown beyond a reasonable doubt to have been motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, shall be punished.
If you fear that you have been involved in activities relating to hate crime offenses, intentionally or unintentionally, it is important that you seek competent legal advice. Call the Law Offices of Randy Collins to set up a free consultation with one of our legal professionals