State Hate Crimes Statutes

State laws against hate crimes vary widely, resulting in unequal protection from similar violent crimes in different jurisdictions.
July 1, 2019

Reported increases in far-right violence have led policymakers to search for new solutions. Because these attacks on vulnerable communities are often investigated and prosecuted as hate crimes or violent crimes, part of the solution is ensuring that they are accurately tracked and reported. Unfortunately, federal hate crimes data is flawed and incomplete. This is due in large part to the Department of Justice’s reliance on voluntary reporting from state and local law enforcement to fulfill its obligation to report national hate crimes data.

There are wide disparities in the protections provided by the various state hate crimes laws, resulting in unequal protection from similar violent crimes in different jurisdictions and the frustration of efforts to collect and maintain accurate national data regarding these attacks. Six states — Arkansas, Georgia, Indiana, North Dakota, South Carolina, and Wyoming — do not even have hate crime laws.

The table below illustrates the differences in hate crimes laws among the states and U.S. territories. It includes all state hate crimes statutes as well as laws that protect against activities commonly understood as hate crimes, such as displaying a noose or burning a cross. The table tracks whether the statutes establish independent hate crime offenses or if they are used to enhance penalties on underlying crimes. It also notes statutes that require data collection, hate crimes training for law enforcement officers, or provisions for alternative resolutions to addressing the harms caused by such crimes.

The table is part of the Brennan Center report Fighting Far-Right Violence and Hate Crimes: Resetting Federal Law Enforcement Priorities.

 

Click on states to show and hide their hate crime statutes.

Statute

Summary

Type

Protected Categories

Alabama

Statute

ALA. CODE § 13A-5-13

“Crimes Motivated by Victim's Race, Color, Religion, National Origin, Ethnicity, or Physical or Mental Disability”

Summary

Penalty enhancements for crimes found to have been motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, disability, ethnicity

Statute

ALA. CODE § 13A-6-28

“Cross or American Flag Burning”

Summary

Makes it a felony to burn a cross with the intent to intimidate another person on the property of another, highway, or public place.

Type

Independent Offense

Protected Categories

Other

Alaska

Statute

ALASKA STAT. § 12.55.155

"Factors in Aggravation and Mitigation"

Summary

Penalty enhancements when the underlying crime was found to be knowingly directed because of the victim's race, sex, color, creed, physical or mental disability, ancestry, or national origin.

Type

Penalty Enhancement

Protected Categories

Race, color, national origin, disability, sex, creed, ancestry

Arizona

Statute

ARIZ. REV. STAT. ANN. § 13-701(D)(15)

“Sentence of Imprisonment for Felony; Presentence Report; Aggravating and Mitigating Factors; Consecutive Terms of Imprisonment; Definition”

Summary

Penalty enhancement when the crime was committed with malice toward a victim because of their real or perceived race, color, religion, national origin, gender, sexual orientation, or disability.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, or disability

Statute

ARIZ. REV. STAT. ANN. § 13-1604(A)(1)

"Aggravated Criminal Damage"

Summary

Felony penalty enhancement for criminal damage to property, including defacement, when the building, structure, personal property or place is used for worship or any other religious purpose, including burial facilities.

Type

Penalty Enhancement

Protected Categories

Religion

Statute

ARIZ. REV. STAT. ANN. § 13-1707

“Unlawful Cross Burning”

Summary

Makes it a misdemeanor to burn a cross on the property of another, highway, or other public place with the intent to intimidate another.

Type

Independent Offense

Protected Categories

Other

Statute

ARIZ. REV. STAT. ANN. § 13-1708

“Unlawful Symbol Burning”

Summary

Makes it a misdemeanor to burn a symbol on the property of another, highway, or other public place with the intent to intimidate another.

Type

Independent Offense

Protected Categories

Other

Statute

ARIZ. REV. STAT. ANN. § 41-1750(A)(3)

“Central State Repository; Department of Public Safety; Duties; Funds; Accounts; Definitions.”

Summary

Requires the creation of a central state repository is responsible for collecting, storing and disseminating complete and accurate Arizona criminal history and records, including hate crime data.

Type

Data Collection

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, disability

Arkansas - No Criminal "Hate Crime" Statute

Statute

ARK. CODE ANN. § 5-71-215(b)(1)(B)

“Defacing Objects of Public Respect”

Summary

Felony penalty enhancement for defiling, desecrating, marring, or otherwise damaging any place of worship, cemetery, or burial monument.

Type

Penalty Enhancement

Protected Categories

Religion

California

Summary

Makes it a misdemeanor to injure, intimidate, or interfere with the rights and privileges of another in whole or part because of the actual or perceived race, color, religion, national origin, ethnicity, gender, sexual orientation, or disability of the victim, including damage to property. Includes mandatory community service. Provides that commission of a hate crime is an aggravating factor for underlying crimes, where the crime included the present ability to commit a violent injury or did cause physical injury, the property crime caused damage in excess of $950, or the offender was previously convicted of a hate crime. Additionally, provides a penalty enhancement for someone who commits or attempts to commit a felony motivated by bias.

Type

Independent Offense

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, gender identity, disability. ethnicity, association with a person or group with one or more of these actual or perceived characteristics

Statute

CAL. PENAL CODE § 11411

"Terrorizing"

Summary

Makes it a misdemeanor to hang a noose; display a sign, mark, symbol, emblem or other physical impression including but not limited to a Nazi swastika; or burn or desecrate a cross or religious symbol with reckless disregard of the risk of terrorizing the owner or occupant of private, religious, or public property.

Type

Independent Offense

Protected Categories

Religion, other

Statute

CAL. PENAL CODE § 11412

"Terrorizing"

Summary

Makes it a felony to cause or attempt to cause another to refrain from exercising their religion or engaging in a religious service by means of a threat of unlawful injury.

Type

Independent Offense

Protected Categories

Religion

Statute

CAL. PENAL CODE § 13023

“Department of Justice - Duties of Public Agencies and Officers”

Summary

Requires statewide collection of hate crime data.

Type

Data Collection

Protected Categories

N/A

Statute

CAL. PENAL CODE § 13519.6

“Commission on Peace Officer Standards & Training - Field Services and Standards for Recruitment & Training”

Summary

Requires the development of guidelines and law enforcement training on responding to hate crimes, providing victim services, and gathering and reporting accurate data.

Type

Training

Protected Categories

N/A

Colorado

Statute

COLO. REV. STAT. § 18-9-113 (1)(b)

“Desecration of Venerated Objects”

Summary

Higher-class misdemeanor penalty enhancement for desecrating venerated objects, including places of worship or burial grounds.

Type

Penalty Enhancement

Protected Categories

Religion, other

Statute

COLO. REV. STAT. § 18-9-121

“Bias-Motivated Crimes”

Summary

Makes it a 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, they cause bodily injury to another person, or destroys or damages the property of another person.

* Court is directed to consider alternatives for first-time offenders, including community service to benefit public & victim's community; restorative justice alternative dispute resolution program.

Type

Penalty Enhancement *

Protected Categories

Race, color, religion, national origin, sexual orientation, disability, ancestry

Connecticut

Statute

CONN. GEN. STAT. § 7-294n

“State and Local Police Training Programs to Provide Training on Crimes Motivated by Bigotry or Bias”

Summary

Requires law enforcement agencies to review and establish training relative to crimes motivated by bigotry or bias.

Type

Training

Protected Categories

N/A

Statute

CONN. GEN. STAT. § 29-7m

“Record and Classification of Crimes Motivated by Bigotry or Bias”

Summary

Requires police, resident state troopers or constables to monitor, record, and classify all crimes committed based on bigotry or bias.

Type

Data Collection

Protected Categories

N/A

Statute

CONN. GEN. STAT. § 46a-58

“Deprivation of Rights. Desecration of Property. Placing of burning cross or noose on property.”

Summary

Makes it either a misdemeanor or felony to deprive another of rights, privileges, or immunities because of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness or physical disability. Includes burning a cross or placing a noose on the property of another, or on public property with the intent to intimidate or harass another.

Type

Independent Offense

Protected Categories

Race, color, religion, national origin, sexual orientation, gender identity, disability, sex, alienage, other

Statute

CONN. GEN. STAT. § 53-37a

“Deprivation of a Person's Civil Rights by Wearing a Mask or Hood”

Summary

Felony penalty enhancement for depriving another of rights, § 46a-58, while wearing a mask, hood or other device designed to conceal the identity.

Type

Penalty Enhancement

Protected Categories

Other

Statute

CONN. GEN. STAT. §§ 53a-181j – 53a-181j

“Intimidation Based on Bigotry”

Summary

Makes it a misdemeanor or felony to intimidate based on bigotry or bias of real or perceived race, religion, ethnicity, disability, sexual orientation or gender identity or expression, with first, second, or third-degree penalties.

Type

Independent Offense

Protected Categories

Race, religion, sexual orientation, gender identity, disability, ethnicity

Deleware

Statute

DEL. CODE ANN. tit. 11, § 1304

“Hate Crimes”

Summary

Felony and misdemeanor penalty enhancements when victims are selected because of their race, religion, color, disability, sexual orientation, gender identity, national origin or ancestry.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation, gender identity, disability, ancestry

Statute

DEL. CODE ANN. tit. 11, § 805

“Cross or Religious Symbol Burning”

Summary

Makes it a misdemeanor to burn a cross or other religious symbol on public or private property without express written consent.

Type

Independent Offense

Protected Categories

Other

Washington D.C.

Statute

D.C. CODE § 22-3312.02

“Defacing or Burning Cross or Religious Symbol; Display of Certain Emblems”

Summary

Makes it a misdemeanor to burn, desecrate, mar, or deface a cross or other religious symbol or display hateful emblems such as a Nazi swastika or noose on the private premises or property in D.C. primarily used for religious, educational, residential, memorial, charitable, or cemetery purposes, or for assembly of persons of a particular race, color, creed, religion, or any category listed in 2-1401-.01 (national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibility, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, place of residence or business), with the intent to injure, intimidate, or threaten said persons or groups.

Type

Independent Offense

Protected Categories

Race, color, creed, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibility, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, place of residence or business

Statute

D.C. CODE ch. 37 [§§ 22-3701 – 22-3704]

“Bias-Related Crime”

Summary

Penalty enhancements for those found guilty of committing 'bias-related crimes,' defined as crimes based on a victim's actual and perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibility, homelessness, physical disability, matriculation, or political affiliation. Additionally, requires the Mayor to collect and compile data on the incidence of bias-related crimes.

Type

Penalty Enhancement

Data Collection

Protected Categories

Other

Florida

Statute

FLA. STAT. ANN. § 775.085

“Evidencing Prejudice While Committing Offense; Reclassification”

Summary

Felony and misdemeanor penalty enhancements for any crime when it evidences prejudice based on race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or age.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation, disability, ancestry, ethnicity, homeless status, age

Statute

FLA. STAT. ANN. § 806.13 (2)

“Arson and Criminal Mischief; Penalties”

Summary

Makes it a felony to deface, injure, or damage a church, synagogue, mosque, or other place of worship or religious article contained within.

Type

Independent Offense

Protected Categories

Religion, other

Statute

FLA. STAT. ANN. [§§ 876.17, 876.18]

“Placing Burning or Flaming Cross”

Summary

Makes it a misdemeanor to place a burning cross on public property or the property of another without express written consent.

Type

Independent Offense

Protected Categories

Other

Statute

FLA. STAT. ANN. § 877.19

“Hate Crimes Reporting Act”

Summary

The Governor, in collaboration with the Florida Department of Law Enforcement must collect and disseminate data on criminal acts which evidence prejudice based on race, religion, ethnicity, color, ancestry, sexual orientation, or national origin.

Type

Data Collection

Protected Categories

Race, color, religion, national origin, sexual orientation, ethnicity, ancestry

Georgia - No Criminal "Hate Crime" Statute

Statute

GA. CODE ANN. § 16-7-26

“Vandalism to a Place of Worship”

Summary

Makes it a felony to maliciously deface or desecrate a place of public religious worship.

Type

Independent Offense

Protected Categories

Religion

Statute

GA. CODE ANN. § 16-11-37

“Terroristic Threats and Acts”

Summary

Makes it a misdemeanor or felony to burn or damage the property of another or place a flaming cross or other burning symbol or flambeau with the intent to terrorize.

Type

Independent Offense

Protected Categories

Other

Statute

GA. CODE ANN. § 17-10-17

“Sentencing of Defendants Guilty of Crimes Involving Bias or Prejudice; Circumstances; Parole”

Summary

Penalty enhancement for defendants who intentionally selected any victim or property as the object of offense because of bias or prejudice

Type

Penalty Enhancement

Protected Categories

Held unconstitutionally vague in Botts v. State, 278 Ga. 538 (2004).

Hawaii

Statute

HAW. REV. STAT. § 706-662

“Criteria for Extended Terms of Imprisonment”

Summary

Penalty enhancement when the offender is convicted of a crime under sections 707 (offenses against the person), 708 (offenses against property rights), or 711 (offenses against public order), and intentionally selected their victim or property because of hostility toward the victim's actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation.

Type

Penalty Enhancement

Protected Categories

Race, religion, national origin, gender, sexual orientation, gender identity, or disability, ethnicity

Statute

HAW. REV. STAT. [§§ 846-51 - 846-54]

“Hate Crime Reporting: Definitions; Responsibility for System; Responsibility of Agencies; Annual Reports”

Summary

Defines "hate crime" as any criminal act in which the perpetrator intentionally selected a victim or property because of hostility toward the actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation of any person. Mandates collection of data on such crimes

Type

Data Collection

Protected Categories

Race, religion, national origin, gender, sexual orientation, gender identity, or disability, ethnicity

Idaho

Statute

IDAHO CODE ANN. ch. 79 [§§ 18-7901 - 18-7903]

“Malicious Harassment”

Summary

Makes it a felony to, or to threaten to, injure a person, or damage, destroy, or deface the real or personal property of another because of the victim's race, color, religion, ancestry, or national origin, and allows a penalty of imprisonment, a fine, or both, as well as establishing a civil right of action.

Type

Independent Offense

Protected Categories

Race, color, religion, national origin, ancestry

Statute

IDAHO CODE ANN. § 67-2915

“Statistical Report of Malicious Harassment Crimes”

Summary

Requires the director of the Idaho state police to annually submit a report on malicious harassment crimes to the governor and the chairman of the judiciary and rules committee.

Type

Data Collection

Protected Categories

Race, color, religion, national origin, ancestry, other

Illinois

Statute

720 ILL. COMP. STAT. 5/12-7.1

“Hate Crime”

Summary

Makes it a felony to assault, batter, intimidate, stalk, cyberstalk, or commit theft, trespass, disorderly conduct, by reason of the victim's perceived race, color, creed, religion, ancestry, gender, gender identity, sexual orientation, physical or mental disability, or national origin.

* Enhancement if crime committed in or on grounds of religious building, in a cemetery, in a school, in a public park or ethnic/religious community center, or public way.

Type

Independent Offense

Penalty Enhancement *

Protected Categories

Race, color, religion, national origin, gender, gender identity, sexual orientation, disability, creed, ancestry

Statute

730 ILL. COMP. STAT. 5/5-5-3.2 (10)

“Factors in Aggravation and Extended-Term Sentencing”

Summary

Hate crime offenses are aggravating factors in favor of longer terms of imprisonment

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, disability, creed, ancestry

Statute

720 ILL. COMP. STAT. 5/12-7.6

“Cross Burning”

Summary

Makes it a misdemeanor upon first offense, and felony upon subsequent offenses to burn or intend to burn a cross with the intent to intimidate.

Type

Independent Offense

Protected Categories

Other

Statute

720 ILL. COMP. STAT. 5/21-1.2

“Institutional Vandalism”

Summary

Makes it a felony to commit institutional vandalism by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of any individual when knowingly inflicting damage to a place used for religious worship, a burial facility, adjacent grounds, and personal property contained therein.

Type

Independent Offense

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, disability, creed, ancestry

Statute

20 ILL. COMP. STAT. 2605/390

“Hate Crimes”

Summary

Requires state law enforcement officer to respond to, identify, and report all hate crimes. Requires the Illinois Law Enforcement Training Standards Board to develop officer training on hate crimes.

Type

Data Collection

Training

Protected Categories

N/A

Statute

20 ILL. COMP. STAT. 4070

“Commission on Discrimination and Hate Crimes Act”

Summary

Commission on Discrimination and Hate Crimes Act. Purposes of the Commission include, but are not limited to, the following:

(1) To work in partnership with community leaders, educators, religious leaders, social service agencies, elected officials, and the public to identify and uproot sources of discrimination and bias at the source.

(2) To work with local governments, law enforcement officials and prosecutors, educators, and community organizations by assisting with the development of resources, training, and information that allow for a swift and efficient response to hate-motivated incidents.

(3) To work with educators throughout Illinois on issues concerning discrimination and hate, teaching acceptance, and embracing diversity at academic institutions.

(4) To help ensure that this States laws addressing discrimination and hate-related violence are widely known and applied correctly to help eradicate and prevent crimes based on discrimination and intolerance.

(5) To make recommendations to the Governor and the General Assembly for statutory and programmatic changes necessary to eliminate discrimination and hate-based violence.

(6) To help implement recommendations by working with State agencies, the General Assembly, the business community, the social service community, and other organizations.

Type

Commission

Protected Categories

N/A

Indiana - No Criminal "Hate Crime" Statute

Statute

IND. CODE § 35-38-1-7.1 (a)(12)

"Considerations in Imposing Sentence"
(not yet encoded)

Summary

Allows the court to consider as an aggravating circumstance in sentencing if an offender committed the offense with bias due to the victim or group’s real or perceived characteristic, trait, belief, practice, association, or other attribute the court chooses to consider.

* The failure to list protected classes in the statute, along with its discretionary application, makes this statute unique among all other “hate crime” legislation, and has already led to severe criticism of the law. Accordingly, while important to include a reference in this chart, we do not consider it a true hate crime law.1

Type

Penalty Enhancement *

Protected Categories

N/A

Statute

IND. CODE § 10-13-3-38 (b)

“Collection of Bias Crime Information; Reports”

Summary

Requires state law enforcement to collect committed or allegedly committed bias crime data, defined in § 10-31-1-1 as an offense committed knowingly or intentionally selecting the victim or property because of the color, creed, disability, national origin, race, religion, or sexual orientation of the victim or owner or occupant of the harmed property.

Type

Data Collection

Protected Categories

Race, color, religion, national origin, sexual orientation, disability, creed

Iowa

Statute

IOWA CODE § 80B.11 1(c)(2)

“Law Enforcement Academy: Rules”

Summary

Requires law enforcement officers to be trained on investigation, identification, and reporting of public hate crime offenses.

Type

Training

Protected Categories

N/A

Statute

IOWA CODE § 692.15(7)

“Collection of Bias Crime Information; Reports”

Summary

Requires all law enforcement agencies to track hate crime data, and to create reports and generate crime statistics.

Type

Data Collection

Protected Categories

N/A

Statute

IOWA CODE § 708.2C

“Assault in Violation of Individual Rights”

Summary

Makes it a felony to assault someone in the violation of individual rights, which is a hate crime, with the intent to inflict a serious injury.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation, or disability, ancestry, political affiliation, sex, age, or association with someone of those groups

Statute

IOWA CODE § 712.9

“Assault in Violation of Individual Rights”

Summary

Penalty enhancement to an offense one degree higher for violations of sections 712.3 – 712.8 (arson, reckless use of fire/explosives, explosive or incendiary materials, false reports, threats) which are also hate crimes.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation, or disability, ancestry, political affiliation, sex, age, or association with someone of those groups

Statute

IOWA CODE § 716.6A

“Criminal Mischief in Violation of Individual Rights”

Summary

Provides for enhanced penalties of one degree higher for criminal mischief which is also a violation of individual rights, which is a hate crime.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation, or disability, ancestry, political affiliation, sex, age, or association with someone of those groups

Statute

IOWA CODE § 729A

“Violation of Individual Rights - Hate Crimes”

Summary

Defines hate crimes as assaults, violations of individual rights, criminal mischief, or trespass committed against a person or their property because of their race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability, or their affiliation with someone of these groups. Additionally, requires the prosecuting attorney training coordinator to develop training for law enforcement personnel to sensitize those people to existence of these violations, and to help identify offenses. Provides a civil right of action.

Type

Definition

Training

Civil Action

Protected Categories

Race, color, religion, national origin, sexual orientation, or disability, ancestry, political affiliation, sex, age, or association with someone of those groups

Kansas

Statute

KAN. STAT. ANN. 21-6815

“Imposition of Presumptive Sentence; Jury Requirements; Departure Sentencing; Substantial and Compelling Reasons for Departure; Mitigating and Aggravating Factors”

Summary

Lists race, color, religion, ethnicity, national origin, or sexual orientation as aggravating factors to depart, by judge's discretion, from sentencing guidelines.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation, ethnicity

Kentucky

Statute

KY. REV. STAT. ANN. § 17.1523

“Uniform Offense Report to Provide Indication of Bias-related Crime; Annual Reporting”

Summary

Requires the Justice and Public Safety Cabinet to collect data from all law enforcement agencies on crimes which appear from their facts and circumstances to have been caused as a result of or reasonably related to race, color, religion, sex, or national origin.

Type

Data Collection

Protected Categories

Race, color, religion, sex, national origin

Statute

KY. REV. STAT. ANN. § 525.113

“Institutional Vandalism”

Summary

Makes it a felony to vandalize, deface, desecrate, or damage the objects described in 525.110 based on a person's race, color, religion, sexual orientation, or national origin.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation

Statute

KY. REV. STAT. ANN. § 532.031

“Hate Crimes – Finding”

Summary

Defines a hate crime as an offense where a person intentionally selected their victim based on race, color, religion, sexual orientation, national origin, or actual or perceived employment as a peace officer, firefighter, or emergency medical service provider. Empowers a judge to impose harsher penalties or deny probation and other forms of early release.

* A finding that an offense was a hate crime may only effects parole eligibility, determined by the parole board. Such a finding must be noted, at the judge’s discretion, in the offender’s case file. Additionally, this statute cannot be applied to homicides.2

Type

Penalty Enhancement *

Protected Categories

Race, color, religion, national origin, sexual orientation, person's actual or perceived employment as a state, city, county, or federal peace officer, member of an organized fire department, or emergency medical services personnel

Louisiana

Statute

LA. STAT. ANN. § 14:107.2

“Hate Crimes”

Summary

Provides for penalty enhancements when an underlying crime victim is selected because of their actual or perceived race, age, gender, religion, color, creed, disability, sexual orientation, national origin, or ancestry, or because they are actually or perceived to be employed as law enforcement, firefighter, or emergency medical services personnel.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, disability, age, creed, ancestry, perceived membership or service in, or employment with, an organization, or because of actual or perceived employment as a law enforcement officer, firefighter, or emergency medical services personnel

Statute

LA. STAT. ANN. § 15:1204.4

“Surveys; Studies; Reports”

Summary

Mandates the collection of hate crime data to the Louisiana Commission on Human Rights, which shall be reported annually to the governor.

Type

Data Collection

Protected Categories

N/A

Statute

LA. STAT. ANN. § 40:2403 (H)(1)

“Council on Peace Officer Standards and Training”

Summary

Requires law enforcement officers to be trained on investigation, identification, and reporting of public hate crime offenses.

Type

Training

Protected Categories

N/A

Maine

Statute

ME. STAT. tit. 17-A § 1151(8)(B)

“General Sentencing Provisions: Purposes”

Summary

Includes in the guidance for sentencing provisions the intent to address the gravity of bias motivated attacks.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation, disability, sex, ancestry, homelessness, age

Statute

ME. STAT. tit. 17 [§§ 2931 – 2932]

“Interference with Constitutional and Civil Rights”

Summary

Prohibition on interference with constitutional and civil rights. Makes it a misdemeanor to violate the prohibition on interference with constitutional and civil rights.

Type

Independent Offense

Protected Categories

Race, color, religion, national origin, sexual orientation, disability, sex, ancestry

Statute

ME. STAT. tit. 25, § 1544

“Uniform Crime Reporting”

Summary

Requires state, county, and municipal law enforcement agencies to submit crime reports to the State Bureau of Identification, including on crimes that manifest evidence of prejudice based on race, religion, disability, sexual orientation or ethnicity.

Type

Data Collection

Protected Categories

Race, religion, sexual orientation, disability, ethnicity

Statute

ME. STAT. tit. 25, § 2803-B

“Requirements of Law Enforcement Agencies”

Summary

Requires law enforcement agencies to adopt written policies on the procedures to deal with hate or bias crimes.

Type

Training

Protected Categories

N/A

Maryland

Statute

MD. CODE, PUB. SAFETY § 2-307

“Public Safety - Crime Data”

Summary

Requires that the Department of Public Safety collect, analyze, and disseminate information about crimes, including hate crimes based on race, religion, ethnicity, and sexual orientation.

Type

Data Collection

Protected Categories

Race, religion, sexual orientation, ethnicity

Summary

Makes it a misdemeanor to obstruct another's exercise of religion; to commit or attempt to commit a crime, damage real or personal property, or burn or attempt to burn an object on the real or personal property of another; to deface, damage, or destroy a place of worship, cemetery, religious school, educational facility, or community center; to deface, damage, destroy, or attempt to deface, damage, or destroy the personal or real property of another because of bias against a person or group's race, color, religious belief, sexual orientation, gender, disability, national origin, or homeless status. May add an additional felony for any underlying felony crime committed because of the victim’s protected status above, unless the crime results in the victim’s death. Sentences for hate crimes may be separate or concurrent from sentences for the underlying crimes.

Type

Independent Offense

Penalty Enhancement

Protected Categories

N/A

Massachusetts

Statute

MASS. GEN. LAWS ch. 6, § 116B

“Hate Crimes; Police Instruction”

Summary

Requires that the municipal police training committee provide instruction to police officers in identifying, responding to, and reporting hate crimes.

Type

Training

Protected Categories

N/A

Statute

MASS. GEN. LAWS ch. 22C, §§ 33–35

“Collection of Hate Crime Data; Regulations”

Summary

Requires that the Department of State Police Colonel collect hate crime data, that the Crime Reporting Unit report and analyze hate crime data, and transmit reports to the governor, attorney general, joint committees on public state, criminal justice and the judiciary, and senate and house committees on ways and means, and that all hate crime data be made available for all law enforcement agencies and any local and state agencies.

Type

Data Collection

Protected Categories

N/A

Statute

MASS. GEN. LAWS ch. 265, § 39

“Assault or Battery for Purposes of Intimidation; Punishment”

Summary

Makes it a felony to commit assault or battery upon a person, or damage the real or personal property of a person, with the intent to intimidate because of race, color, religion, national origin, sexual orientation, gender identity, or disability. Also requires mandated diversity training for offenders.

Type

Independent Offense

Protected Categories

Race, color, religion, national origin, sexual orientation, gender identity, disability

Statute

MASS. GEN. LAWS ch. 266, § 127A

“Destruction of a Place of Worship, etc.; Threats; Punishment”

Summary

Makes it a felony to destroy, deface, mar, or injure a church, synagogue or other building or structure used for burial or worship or threaten to do so, which may result in imprisonment up to 2.5 years.

Type

Independent Offense

Protected Categories

Religion

Michigan

Statute

MICH. COMP. LAWS § 28.257a

“Crimes Motivated by Prejudice or Bias; Report”

Summary

Requires the chief of police of each city or village, township, and sheriff of each county to report crimes motivated by prejudice against race, ethnic origin, religion, gender, or sexual orientation to the department of state police.

Type

Data Collection

Protected Categories

Race, religion, gender, sexual orientation, ethnic origin

Statute

MICH. COMP. LAWS § 750.147b

“Ethnic Intimidation”

Summary

Makes it a felony to commit ethnic intimidation, defined as physical contact with another person, damage or destruction of real or personal property of another, or threatening another maliciously and with specific intent to intimidate or harass another because of that person's race, color, religion, gender, or national origin. Additionally, creates a civil right of action.

Type

Independent Offense

New Civial Action

Protected Categories

Race, color, religion, gender, national origin

Minnesota

Statute

MINN. STAT. § 609.595 subds. 1a & 2

“Damage to Property”

Summary

Penalty enhancement to second-degree and third-degree criminal damage when motivated by race, color, religion, sex, sexual orientation, disability, age, or national origin.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation, disability, age, sex

Statute

MINN. STAT. § 609.749 subd. 3 (a)(1)

“Stalking; Penalties”

Summary

Penalty enhancement to aggravated stalking when the offender commits the offense because of the victim's actual or perceived race, color, religion, sex, sexual orientation, disability, age, or national origin.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation, disability, age, sex

Statute

MINN. STAT. § 609.2231 subd. 4

“Assault in the Fourth Degree”

Summary

Makes it a misdemeanor crime to assault another because of the victim's actual or perceived race, color, religion, sex, sexual orientation, disability, age, or national origin, and a felony for repeat offenders within five years of their previous conviction.

Type

Independent Offense

Protected Categories

Race, color, religion, national origin, sexual orientation, disability, age, sex

Statute

MINN. STAT. § 626.5531

“Reporting of Crimes Motivated by Bias”

Summary

Requires peace officers to report every violation of chapter 609 or a local criminal ordinance if the officer has reason to believe or the victim alleges that the offender was motivated to commit the act by the victim's race, religion, national origin, sex, age, disability, or sexual orientation.

Type

Data Collection

Protected Categories

Race, religion, national origin, sexual orientation, disability, age, sex

Statute

MINN. STAT. § 626.8451 subd. 1

“Training in Identifying and Responding to Certain Crimes”

Summary

Requires a training course to assist peace officers in identifying and responding to crimes motivated by the victim's race, religion, national origin, sex, age, disability, or sexual orientation.

Type

Training

Protected Categories

Race, religion, national origin, sexual orientation, disability, age, sex, training

Mississippi

Statute

MISS. CODE ANN. § 97-17-39

“Penalties for Injuring, Destroying or Defacing Certain Cemetery Property, Public Buildings, Schools or Churches, or Property Thereof”

Summary

Makes it a crime to destroy burial vaults, urns, memorials, vases, etc., or churches.

Type

Independent Offense

Protected Categories

Religion

Statute

MISS. CODE ANN. §§ 99-19-301 – 99-19-309

“Enhanced Penalties for Offenses Committed for Discriminatory Reasons”

Summary

Penalty enhancement of imprisonment of twice that authorized by the law for the offense committed, for both felonies and misdemeanors, if they were committed because of the actual or perceived race, color, ancestry, ethnicity, religion, national origin, or gender of the victim. Provides that penalty enhancements can only be imposed by a jury finding that the victim was within the class delineated.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, gender, ethnicity, ancestry, actual or perceived employment as a law enforcement officer, firefighter or emergency medical technician

Missouri

Statute

MO. REV. STAT. § 557.035

“Hate Offenses - Provides Enhanced Penalties for Motivational Factors in Certain Offenses”

Summary

Felony penalty enhancement for crimes knowingly motivated by race, color, religion, national origin, sex, sexual orientation, or disability.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation, disability, sex

Statute

MO. REV. STAT. § 574.085

“Institutional Vandalism – Penalty”

Summary

Makes it a crime to vandalize, deface, or damage places of worship or a facility used for burial, and certain other properties owned and operated by a religious group.

Type

Independent Offense

Protected Categories

Religion

Montana

Statute

MONT. CODE ANN. § 45-5-221

“Malicious Intimidation or Harassment Relating to Civil or Human Rights – Penalty”

Summary

Makes it a felony to maliciously intimidate, harass, injure, or destroy the property of a victim because of their race, creed, religion, color, national origin, or involvement in civil rights or human rights activity.

Type

Independent Offense

Protected Categories

Race, color, religion, national origin, creed, involvement in civil rights or human rights activities

Statute

MONT. CODE ANN. § 45-5-222

“Sentence Enhancement - Offenses Committed Because of Victim's Race, Creed, Religion, Color, National Origin or Human Rights Activities”

Summary

Penalty enhancement for any crime except malicious intimidation or harassment when the crime was motivated by the victim's race, color, creed, national origin, or involvement in civil rights or human rights activity, or that involved damage/destruction to a building regularly used for religious worship.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, creed, involvement in civil rights or human rights activities

Nebraska

Statute

NEB. REV. STAT. § 28-114

“Enhanced Penalty; Enumerated Offenses”

Summary

Penalty enhancement to next highest penalty classification for committing manslaughter, assault, terroristic threats, stalking, kidnapping, false imprisonment, sexual assault, sexual assault of a child, arson, criminal mischief, unauthorized application of graffiti, or criminal trespass offenses because of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability, or because of the victim's association with a person of one of the protected categories.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, disability, age, ancestry, association with a person of one of the protected categories

Statute

NEB. REV. STAT. § 28-114

“Nebraska Commission on Law Enforcement and Criminal Justice; Duties”

Summary

Requires the Commission to establish, maintain, and collect data on hate crime offenses.

Type

Data Collection

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, disability, age, ancestry, association with a person of one of the protected categories

Nevada

Statute

NEV. REV. STAT. § 193.1675

“Additional Penalty: Commission of Crime Because of Certain Actual or Perceived Characteristics of Victim”

Summary

Penalty enhancement for enumerated crimes motivated by the actual or perceived race, color, religion, national origin, disability, sexual orientation, or gender identity or expression of the victim different from that characteristic of the perpetrator.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation, gender identity, disability

Statute

NEV. REV. STAT. § 207.185

“Penalty for commission of certain unlawful acts by reason of actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons”

Summary

Penalty enhancement to a gross misdemeanor for certain misdemeanors motivated by the actual or perceived race, color, religion, national origin, disability, sexual orientation, or gender identity or expression of the victim different from that characteristic of the perpetrator.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation, gender identity, disability

New Hampshire

Statute

N.H. REV. STAT. ANN. § 651:6 (f)

“Extended Term of Imprisonment”

Summary

Penalty enhancement for enumerated crimes motivated by victim's race, religion, creed, national origin, or sexual orientation, age, disability, law enforcement officers, volunteer firefighters, on-call firefighters, or licensed emergency medical care providers.

Type

Penalty Enhancement

Protected Categories

Race, religion, national origin, sexual orientation, creed, age, disability, law enforcement officers, firefighters, emergency medical care providers

New Jersey

Statute

N.J. REV. STAT. § 2C:16-1

“Bias Intimidation”

Summary

Penalty enhancement for crimes committed 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.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, gender identity, disability, ethnicity

* A portion of the statute, allowing victim belief of prejudice to act as evidence, was held unconstitutional in State v. Pomianek, 221 N.J. 66 (2015)

Statute

N.J. REV. STAT. § 2C:33-11

“Defacement of Private Property, Crime of Fourth Degree; Act of Graffiti, Additional Penalty”

Summary

Makes it a felony to damage or deface a place of worship or burial by placing thereon a symbol, an object, a characterization, an appellation, or graffiti that exposes another to a threat of violence.

Type

Independent Offense

Protected Categories

Religion

Statute

N.J. Rev. Stat. § 52:9DD-9

“Duties of Council”

Summary

Requires collection of hate crime data by the Human Rights Council, including developing policy proposals for the State and assist with coordinating efforts to promote prejudice reduction and prevent and deter crimes based upon the victim's race, color, religion, national origin, sexual orientation, ethnicity, gender, or physical, mental or cognitive disability.

Type

Data Collection

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, disability, ethnicity, data collection

New Mexico

Statute

N.M. STAT. ANN. § 30-15-4

“Desecration of a Church”

Summary

Makes it a felony to desecrate or deface any church.

Type

Independent Offense

Protected Categories

Religion

Summary

Penalty enhancement of an additional year of imprisonment for noncapital crimes motivated by hate. Requires every law enforcement agency to collect hate crime data to provide to the FBI, and requires the New Mexico Law Enforcement Academy to provide officer training on the detection, investigation, and reporting of hate crimes.

Type

Penalty Enhancement

Data Collection

Training

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, gender identity, disability, ancestry, age

New York

Statute

N.Y. PENAL LAW Art. 485

“Hate Crimes”

Summary

Penalty enhancements of one category higher for intentional offenses committed in whole or in part because of the victim's believed or perceived race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, even if the belief or perception is incorrect. Allows for offender hate crime training, education, or other programs designed to prevent hate crimes.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, disability, ancestry, age

Statute

N.Y. PENAL LAW § 240.31

“Aggravated Harassment in the First Degree”

Summary

Makes it a felony to harass, annoy, threaten, or alarm another because of their race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation by burning a cross in a publicly visible manner; damaging premises used primarily for religious purposes; etch, paint, or draw a swastika without the express permission of the owner; or etch, draw, or place a noose on any building or real property without express permission.

Type

Independent Offense

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, disability, ancestry, age, other

Statute

N.Y. PENAL LAW § 240.71

“Criminal Interference with Healthcare Services or Religious Worship in the First Degree”

Summary

Felony penalty enhancement for repeat offender of criminal interference with healthcare services or religious worship in second degree.

Type

Penalty Enhancement

Protected Categories

Religion

Statute

N.Y. PENAL LAW § 837 (f)(4)(c)

“Functions, Powers, and Duties of Division”

Summary

Requires the Division of Criminal Justice Services to collect and analyze statistical and all other data on hate crimes reported to or investigated by state or local law enforcement, and then provide that information to the governor and state legislature.

Type

Data Collection

Protected Categories

N/A

North Dakota - No Criminal "Hate Crime" Statute

N/A

N/A

Ohio

Statute

OHIO REV. CODE ANN. § 2927.12

“Ethnic Intimidation”

Summary

Penalty enhancement of one degree higher for violations of menacing, aggravated menacing, criminal damaging or endangering, criminal mischief, or telecommunications harassment by reason of the race, color, religion, or national origin of the person or persons.

* Each of the enumerated crimes is a misdemeanor—this law cannot be used to enhance felony crimes.

Type

Penalty Enhancement *

Protected Categories

Race, color, religion, national origin

Summary

Penalty enhancement to a felony to deface, damage, pollute, or otherwise mistreat places of worship or religious objects therein, or objects of sacred devotion.

Type

Independent Offense

Protected Categories

Religion

Oklahoma

Statute

OKLA. STAT. tit. 21 § 850

“Malicious Harassment Based on Race, Color, Religion, Ancestry, National Origin, Disability”

Summary

Makes it a crime to maliciously intimidate or harass a person because of their race, color, religion, national origin, ancestry, or disability. Penalty enhancement for a second offense under this statute, and creates a civil right of action. Additionally, requires the Oklahoma State Bureau of Investigation to report hate crimes as defined in this section, and requires a promulgation of rules, and practices for monthly hate crime data reporting from state and local law enforcement agencies, including crimes motivated by ethnicity.

Type

Independent Offense

Penalty Enhancement

New Civil Action

Data Collection

Protected Categories

Race, color, religion, national origin, disability, ancestry, ethnicity

Statute

OKLA. STAT. tit. 21, § 1765

“Defacing or Injuring House of Worship”

Summary

Penalty enhancement to a felony to deface, damage, pollute, or otherwise mistreat places of worship or religious objects therein, or objects of sacred devotion.

Type

Independent Offense

Protected Categories

Religion

Oregon

Statute

OR. REV. STAT. [§§ 166.155 & 166.165]

“Intimidation”

Summary

Makes it a misdemeanor to, because of the actual or perceived race, color, religion, sexual orientation, disability, or national origin of the victim, tamper with their property, cause offensive contact to their body, or threaten them with harm to them, their property, or their family. Makes it a felony when two or more persons intentionally, knowingly, or recklessly, or with criminal negligence by means of a deadly weapon, cause physical injury because of the actual or perceived race, color, religion, national origin, sexual orientation or disability of their victim, or commit conduct that would constitute intimidation in the second degree if only committed by one person.

Type

Independent Offense

Protected Categories

Race, color, religion, national origin, sexual orientation, disability, family member of person with protected characteristics

Statute

Or. Rev. Stat. § 181A.225

“Reporting of Crime Statistics”

Summary

Requires all state and local law enforcement to report crimes motivated by prejudice against the victim's race, color, religion, national origin, sexual orientation, marital status, political affiliation or beliefs, membership in labor organization, disability, age, or economic and social status, or citizenship status to the Department of State Police. The department shall prepare annual and quarterly reports for use by reporting agencies and others.

Type

Data Collection

Protected Categories

Race, color, religion, national origin, sexual orientation, disability, marital status, political affiliation or beliefs, membership or activity in or on behalf of a labor organization or against a labor organization, age, economic or social status, citizenship

Statute

Or. Rev. Stat. § 181A.470

“Training Related to the Vienna Convention and Crimes Motivated by Prejudice or That Constitute Abuse”

Summary

Requires the Board of Public Safety Standards and Training to provide training to all law enforcement offers on the identification, investigation, and reporting of crimes motivated by race, color, religion, national origin, sexual orientation, marital status, political affiliation or beliefs, membership in labor organization, disability, age, or economic and social status, or citizenship status.

Type

Training

Protected Categories

Race, color, religion, national origin, sexual orientation, disability, marital status, political affiliation or beliefs, membership or activity in or on behalf of a labor organization or against a labor organization, age, economic or social status, citizenship

Pennsylvania

Statute

18 PA. CONS. STAT. § 2710

“Ethnic Intimidation”

Summary

Penalty enhancement of one degree higher for non-summary offenses directed with malicious intention toward the victim's race, color, religion, or national origin. For underlying summary offenses, penalty shall be a misdemeanor.

Type

Independent Offense

Penalty Enhancement

Protected Categories

Race, color, religion, national origin

Statute

PA. ADM. CODE § 710 (i)

“Pennsylvania State Police”

Summary

Requires the Pennsylvania State Police to collect data on hate crimes based on the victim's race, color, religion, or national origin, which shall be reported monthly by all local law enforcement agencies and the State Fire Marshal.

Type

Data Collection

Protected Categories

Race, color, religion, national origin

Rhode Island

Statute

R.I. GEN. LAWS § 12-19-38

“Hate Crimes Sentencing Act”

Summary

Penalty enhancement for both misdemeanor and felony offenses committed because of the hatred or animus toward the victim's actual or perceived disability, religion, color, race, national origin or ancestry, sexual orientation, or gender of that person or the owner or occupant of that property.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, disability, ancestry

Statute

R.I. GEN. LAWS § 42-28-46

“Development of System Monitoring Crimes Motivated by Bigotry and Bias”

Summary

Requires the state police to collect hate crime data on crimes motivated by bigotry against the victim's race, religion, ethnicity, gender, gender identity, sexual orientation, disability, or homeless status.

Type

Data Collection

Protected Categories

Race, religion, gender, sexual orientation, gender identity, disability, ethnicity, homeless or perceived to be homeless

Statute

R.I. GEN. LAWS § 42-28.2-8.1

“Educational Requirements — Hate Crimes”

Summary

Requires the Commission on Standards and Training to prepare and publish training materials on identifying, investigating, and reporting hate crimes.

Type

Training

Protected Categories

Race, religion, gender, sexual orientation, gender identity, disability, ethnicity, homeless or perceived to be homeless

South Carolina - No Criminal "Hate Crime" Statute

Statute

S.C. CODE ANN. § 16-7-120

“Placing Burning or Flaming Cross in Public Place”

Summary

Makes it a misdemeanor to burn a cross in public or the property of another without express permission to do so.

Type

Independent Offense

Protected Categories

Other

Statute

S.C. CODE ANN. § 16-11-535

“Malicious Injury to Place of Worship”

Summary

Makes it a felony to or attempt to or aid in the vandalization, defacement, damaging, or destroying of a place of worship.

Type

Independent Offense

Protected Categories

Religion

South Dakota

Summary

Makes it a felony to intimidate or harass a specific person or group because of their race, ethnicity, religion, ancestry, or national origin. Incorporates cross burning or placing of any word or symbol commonly associated with racial, religious, or ethnic terrorism into the crime of defacement. Makes it a misdemeanor to prevent another from practicing their religion by threats or violence. Makes it a misdemeanor to compel another to practice or adopt a religion by threat or violence.

Type

Independent Offense

Protected Categories

Race, religion, national origin, ethnicity, ancestry

Tennessee

Summary

Penalty enhancement to a higher class of felony when knowingly committing arson by damaging a structure by means of fire or explosion when the damaged structure is a place of worship.

Type

Penalty Enhancement

Protected Categories

Religion

Statute

TENN. CODE ANN. § 39-17-309

“Civil Rights Intimidation”

Summary

Makes it a felony to injure, damage, deface, or destroy any real or personal property of another with the purpose of intimidating that person from exercising their civil rights, regardless of race, color, ancestry, religion, or national origin. Additional misdemeanor when wearing a mask or disguise with the intent to commit the above.

Type

Independent Offense

Protected Categories

Race, color, religion, national origin, ancestry

Statute

TENN. CODE ANN. § 39-17-311 (a)(1)

“Desecration of Venerated Object”

Summary

Makes it a felony to intentionally desecrate a place of worship or burial.

Type

Independent Offense

Protected Categories

Race, color, religion, national origin, ancestry

Statute

TENN. CODE ANN. § 40-35-114 (17)

“Enhancement Factors”

Summary

Penalty enhancement for offenses committed when the defendant intentionally selected the victim or their property in whole or in part because of their real or perceived race, religion, color, disability, sexual orientation, national origin, ancestry, or gender.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, disability, ancestry, age

Texas

Statute

TEX. CODE CRIM. PROC. ANN. art. 42.014

“Finding That Offense Was Committed Because of Bias or Prejudice”

Summary

Determines that the fact-finder, whether judge or jury, determine beyond a reasonable doubt that an offense was committed because of offender's bias or prejudice against race, color, religion, national origin or ancestry, gender, disability, or sexual preference. Upon such a finding, the judge may order a sentence of an educational program on tolerance of others.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, disability, age, ancestry

Statute

TEX. PENAL CODE ANN. § 12.47

“Penalty If Offense Committed Because of Bias or Prejudice”

Summary

Penalty enhancement for all offenses, except first degree felonies and Class A misdemeanors, to the next highest offense, which were found to have been committed because of bias or prejudice, as defined in Tex. Code. Crim. Pro. Ann. art. 42.014. For Class A misdemeanors, the minimum term of confinement is increased 180 days.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, age, ancestry

Statute

TEX. PENAL CODE ANN. § 28.08 (d)(1)

“Graffiti”

Summary

Makes it a misdemeanor to commit graffiti, with enhanced felony penalties if on a place of worship or human burial.

Type

Independent Offense

Penalty Enhancement

Protected Categories

Religion

Statute

TEX. GOV’T. CODE ANN. § 411.046

“Hate Crime Reporting”

Summary

Requires the Bureau of Identification and records to establish, analyze, and maintain data on hate crimes. Such data will be submitted by all state and local law enforcement to the Bureau.

Type

Data Collection

Protected Categories

N/A

Utah

Statute

UTAH CODE ANN. § 76-3-203.14

“Victim Targeting Penalty Enhancement—Penalties”

Summary

Felony and misdemeanor penalty enhancements to a higher class or degree, when a defendant is found to have intentionally selected their victim or harmed the property of a victim because of the defendant’s belief or perception regarding the victim’s personal attribute or the attribute of another individual or group with whom the victim had a relationship.

Type

Penalty Enhancement

Protected Categories

Race, religion, national origin, age, ancestry, disability, ethnicity, familial status, gender identity, homelessness, marital status, matriculation, political expression, sex, sexual orientation, service in U.S. Armed Forces, status as emergency responder, status as law enforcement officer, correctional officer, special function officer, or any other peace officer.

Statute

UTAH CODE ANN. § 76-3-203.4

“Hate Crimes — Aggravating Factors”

Summary

Hate crime offenses are aggravating factors in sentencing, including the degree of community unrest caused by the offense.

Type

Penalty Enhancement

Protected Categories

N/A

Statute

UTAH CODE ANN. § 53-10-202

“Criminal Identification — Duties of Bureau”

Summary

Requires the Bureau of Criminal Identification to establish a statewide uniform crime reporting system and gather statistics, including on crimes that evidence prejudice based on race, religion, ancestry, national origin, ethnicity, or other categories the bureau deems appropriate.

Type

Data Collection

Protected Categories

Race, religion, national origin, ancestry, ethnicity, other categories that the division finds appropriate

Vermont

Summary

Penalty enhancement for both misdemeanor and felony offenses maliciously motivated by the victim's actual or perceived race, color, religion, national origin, sex, ancestry, age, gender identity, sexual orientation, or service in U.S. Armed Forces. Makes it a felony to burn a cross or other religious symbol with the intention of terrorizing or harassing another. Includes a civil right of action.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation, gender identity, disability, sex, ancestry, age, service in the U.S. Armed Forces

Virginia

Statute

VA. CODE ANN. § 18.2-57 (B)

“Assault and Battery; Penalty”

Summary

Felony penalty enhancement with a minimum term of confinement for assaults and batteries where the offender intentionally selects the victim because of their race, color, religious conviction, or national origin.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin

Statute

VA. CODE ANN. § 18.2.127 (B)

“Injuries to Churches, Church Property, Cemeteries, Burial Grounds, etc.; Penalty”

Summary

Makes it a felony to destroy, damage, deface, or otherwise injure any place of worship or surrounding property.

Type

Independent Offense

Protected Categories

Religion

Statute

VA. CODE ANN. § 18.2-423

“Burning Cross on the Property of Another or Public Place with Intent to Intimidate; Penalty; Prima Facie Evidence of Intent”

Summary

Makes it a crime to burn a cross on the property of another or public property with intent to intimidate any person or group or persons.

Type

Independent Offense

Protected Categories

Religion, other

* Prima facie evidence of intent held unconstitutionally overbroad in Elliott v. Commonwealth, 267 Va. 464 (2004)

Statute

VA. CODE ANN. § 18.2-423.01

“Burning Object on Property of Another or a Highway or Other Public Place with Intent to Intimidate; Penalty”

Summary

Makes it a felony to burn an object on the property of another or public place with the intent to intimidate.

Type

Independent Offense

Protected Categories

Other

Statute

VA. CODE ANN. § 18.2-423.1

“Placing Swastika on Certain Property With Intent to Intimidate; Penalty; Prima Facie Evidence of Intent”

Summary

Makes it a felony to place a swastika on any building used for religious worship or gathering, or school, educational facility, or community centers owned or operated by a church or religious body with the intent to intimidate.

Type

Independent Offense

Protected Categories

Religion

Statute

VA. CODE ANN. § 18.2-423.2

“Displaying a Noose on Property of Another or Highway or Other Public Place With Intent to Intimidate; Penalty”

Summary

Makes it a felony to display a noose on the property of another or public place with intent to intimidate.

Type

Independent Offense

Protected Categories

Other

Statute

VA. CODE ANN. § 52-8.5

“Reporting Hate Crimes”

Summary

Requires the Superintendent of the Department of State Police to establish and maintain a central repository for the collection and analysis of hate crime data, groups, and individuals carrying out such acts.

Type

Data Collection

Protected Categories

Race, religion, national origin, ethnicity

Washington

Statute

WASH. REV. CODE ANN. [§§ 9A.36.078 – 9A.36.083]

“Malicious Harassment”

Summary

Makes it a felony to maliciously harass a victim based on their actual or perceived race, color, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap, or to burn a cross on property of a victim who is or whom the actor perceives to be of African American heritage, or to deface the property with a swastika of a victim who the actor perceives to be of Jewish heritage. Additionally, provides for civil remedies.

Type

Independent Offense

Civil Remedies

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, disability, ancestry, African Americans, those of Jewish Ancestry

Statute

Wash. Rev. Code Ann. § 36.28A.030

“Malicious Harassment — Information Reporting and Dissemination”

Summary

Requires the Washington Association of Sheriffs & Police Chiefs to establish and maintain a central repository of hate crime data, and to create a monthly report to present to the governor, the senate law and justice committee, and the house of representatives’ judiciary committee.

Type

Data Collection

Protected Categories

Race, color, religion, national origin, gender, gender identity, sexual orientation, disability, ancestry

Statute

Wash. Rev. Code Ann. § 43.101.290

“Training in Crimes of Malicious Harassment”

Summary

Requires the criminal justice training commission to develop and train officers on the identification, response, and reporting of bias crimes.

Type

Training

Protected Categories

Race, color, religion, national origin, gender, sexual orientation, disability, ancestry, African Americans, those of Jewish Ancestry

West Virginia

Statute

W. Va. Code Ann. § 61-6-21

“Prohibiting Violations of An Individual's Civil Rights; Penalties”

Summary

Makes it a felony to intimidate by threat of violence, force or threat of force, or to conspire against or teach a method of intimidation against a victim or group because of their race, color, religion, ancestry, national origin, political affiliation or sex. Additionally, the commission of a hate crime will be considered an aggravating factor for any underlying crime.

Type

Independent Offense

Protected Categories

Race, color, religion, national origin, ancestry, political affiliation, sex

Wisconsin

Statute

Wis. Stat. § 939.645

“Crimes Committed Against Certain People or Property”

Summary

Penalty enhancement misdemeanor and felony offenses committed against victims or their property are intentionally selected because of their race, religion, color, disability, sexual orientation, national origin or ancestry.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, national origin, sexual orientation, disability, ancestry

Statute

Wis. Stat. § 943.012

“Criminal Damage to or Graffiti on Religious and Other Property”

Summary

Makes it a felony to damage or deface a place of worship or burial, or a facility primarily associated with groups defined by a particular significance or value to any group of persons of a particular race, religion, color, disability, sexual orientation, national origin or ancestry.

Type

Independent Offense

Protected Categories

Race, color, religion, national origin, sexual orientation, disability, ancestry

Wyoming - No Criminal "Hate Crime" Statute

Statute

N/A

Summary

N/A

Type

N/A

Protected Categories

N/A

U.S. Territories

American Samoa - No Criminal “Hate Crime” Statute

Statute

N/A

Summary

N/A

Type

N/A

Protected Categories

N/A

Guam - No Criminal “Hate Crime” Statute

Statute

N/A

Summary

N/A

Type

N/A

Protected Categories

N/A

Northern Mariana Islands - No Criminal “Hate Crime” Statute

Statute

N/A

Summary

N/A

Type

N/A

Protected Categories

N/A

Puerto Rico

Statute

P.R LAWS ANN. app. II, r. 171

“Sentence; Evidence as to Mitigating or Aggravating Circumstances”

Summary

Aggravating circumstance in sentencing when a crime motivated by prejudice against a victim for reason of their race, color, sex, sexual orientation, gender, gender identity, origin, ethnic origin, civil status, birth, physical and/or mental disability, social status, religion, age, religious or political beliefs.

Type

Penalty Enhancement

Protected Categories

Race, color, religion, gender, sexual orientation, gender identity, disability, sex, origin, ethnic origin, civil status, birth, social status, age, religious or political beliefs

U.S. Virgin Islands - No Criminal “Hate Crime” Statute

Statute

N/A

Summary

N/A

Type

N/A

Protected Categories

N/A