State Statutes Governing Hate Crimes
CRS Report for Congress
State Statutes Governing Hate Crimes
September 21, 2005
Charlene A. Austin
Law Clerk
American Law Division
Paul S. Wallace, Jr.
Specialist in American Public Law
American Law Division
Congressional Research Service ˜ The Library of Congress
State Statutes Governing Hate Crimes
Summary
Most state hate crimes laws are similar to a model proposed by the Anti-
Defamation League which covers not only anti-Semitic crimes, but all hate crimes.
The model law also includes an institutional vandalism section which increases the
criminal penalties for vandalism which covers houses of worship, cemeteries,
schools, and community centers. Almost every other state has some form of
legislation which can be used to prosecute such crimes.
The essence of the Anti-Defamation League (ADL) legal approach is the
penalty-enhancement concept which was upheld in the landmark decision by the
Supreme Court in Wisconsin v. Mitchell, 508 U.S. 476 (1993). The Court was
unanimous in upholding the constitutionality of the Wisconsin penalty-enhancement
hate crime statute which was based on the ADL’s model. In Mitchell, the Court
noted that expressions of hate are protected by the First Amendment’s free speech
clause and they are not by themselves criminalized. However, criminal activity
which has been motivated by hate may be made subject to an enhanced sentence. In
essence, the defendant’s sentence may be enhanced if he intentionally selects his
victim based upon his perception of the victim’s race, religion, national origin, sexual
orientation or gender.
Adjustments in state law, regarding the respective fact finding authority of the
jury and the court in criminal cases in light of Apprendi v. New Jersey, 530 U.S. 466
(2000), and Booker v. United States, 125 S. Ct. 738 (2005), are beyond the scope of
this report. This report will be updated periodically as legislative actions within the
states occur.
Contents
List of Tables
State Statues Governing Hate Crimes..................................2
State Statutes Governing Hate Crimes
This report compiles state statutes pertaining to hate crimes. The Violent Crime
Control and Law Enforcement Act of 1994 defines hate crime in §280003a as a
“crime in which the defendant intentionally selects a victim, or in the case of property
crime, the property that is the object of the crime” motivated by prejudice based on
the “race, color, religion, national origin, ethnicity, gender, disability, or sexual
orientation” of the victim, P.L. 103-322, 108 Stat. 2096 (1994).
At least 45 states and the District of Columbia have statutes with penalties for
bias-motivated crimes. States with comprehensive hate crime statutes provide
specific penalty enhancements to deter hate crimes. Associated criminal statutes for
each state that are more general in scope were also included. States have at least one
of the following types of legislation: statutory provisions that outlaw destruction of
religious institutions, criminalize bias-motivated violence and intimidation, mandate
training for state police officers in recognizing and reporting hate crimes, and also1
prohibit infringement on another person’s civil rights.
Approximately half the states are required by law to compile statistics on hate
crimes. Law enforcement agencies must collect information and report on bias
crimes to, among other entities, the FBI under the Hate Crime Statistics Act of 1990,
28 U.S.C. 534 note. Hate crime statutes that do offer protection for victims vary in
terms of whether the protection extends to include gender, sexual orientation, or
disability in addition to the standard factors of race, color, religion, and national
origin.
At least 10 states and the District of Columbia, have enacted hate crime laws
that cover gender identity and sexual orientation. At least 21 states have criminal
legislation that brings attention to gender identity motivated crimes. There appear
to be at least 25 states that protect potential victims of sexual orientation.
Additionally, at least 22 states address bias-motivated crimes, among other factors,
contingent on disability.
In compiling the state laws, current Lexis versions of state codes and statutes as
well as hard copy state codes were used for research. Additionally, useful research
stemmed from the use of individual State Law Libraries and contacts with State
District Attorney’s offices, as well as human rights organizations.
This report was prepared by Charlene A. Austin, Law Clerk, under the general
supervision of Paul S. Wallace, Specialist in American Public Law.
1 See CRS Report RL32850, Hate Crimes: Legal Issues.
State Statues Governing Hate Crimes
Alabama
Penalty EnhancementYesAla. Code § 13A-5-13 – Imposes additional
penalties for hate crimes “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.”
Institutional VandalismYesAla. Code § 13A-11-12 (1994)–Desecration of
“venerated objects” includes places of
worship.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Alaska
Penalty EnhancementYesAlaska Stat. § 12.55.155(c)(22) –
Aggravating factors considered by the court
include the selection of a victim “because of
that person’s race, sex, color, creed, physical
or mental disability, ancestry, or national
origin.”
Institutional VandalismYesAlaska Stat. § 34.50.020(2002)–Penalizes the
destruction of real or personal property by
minors which belong to a religious or
charitable organization.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Arizona
Penalty EnhancementYesAriz. Rev. Stat. Ann. §13-702[C][14] –
Identifies as an aggravating sentencing factor
that the defendant committed an offense out of
malice toward the victim’s real or perceived
identification with a group listed in §41-
Institutional VandalismYesArizona Stat. § 13-1604(2001)–A person
commits aggravated criminal damage by
intentionally or recklessly damaging,
defacing, or tampering with the property of
another without the express permission of the
owner.
Data CollectionYesAriz. Rev. Stat. Ann. §41-1750[A][3] – The
Arizona Highway Patrol is responsible for the
centralized collection of data relating to
crimes manifesting a malice on the basis of
race, color, religion, national origin, sexual
orientation, gender or disability.
Law EnforcementNoNo statute located under this heading.
Training
Arkansas
Penalty EnforcementNo
Institutional VandalismYesArk. Code Ann. § 5-71-215(3) – Covers
damage of “any place of worship, cemetery, or
burial monument.”
Ark. Code Ann. § 5-71-207(8) – Disorderly
conduct includes damage of a “patriotic or
religious symbol that is an object of respect by
the public or a substantial segment thereof.”
Ark. Code. Ann. §5-38-301(a)(5) – Outlaws
burning churches.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
California
Penalty EnhancementYesCal. Penal Code § 422.75 – “...[A] person who
commits a felony that is a hate crime or
attempts to commit a felony that is a hate
crime, shall receive an additional term of one,
two, or three years in the state prison, at the
court’s discretion.”
Cal. Penal Code § 422.76 – Commission of a
felony because of specified belief or
characteristics of the victim shall be
considered a circumstance in aggravation of
the crime in imposing a term under
subdivision (b) of Section 1170.
Cal. Penal Code § 628.1 – “Hate crime”
means an act or attempted act against the
person or property of another individual or
institution which in any way manifest
evidence of hostility toward the victim
because of his or her actual or perceived race,
religion, disability, gender, nationality, or
sexual orientation. This includes, but is not
limited to, threatening telephone calls, hate
mail, physical assault, vandalism, cross
burning, destruction of religious symbols, or
fire bombings.
Cal. Penal Code § 666.7 – “The term
“sentence enhancement” means an additional
term of imprisonment in the state prison added
to the base term for the underlying offense. A
sentence enhancement is imposed because of
the nature of the offense at the time the
offense was committed or because the
defendant suffered a qualifying prior
conviction before committing the current
offense.”
Cal. Penal Code § 422.7 – Additional
Punishment for hate crime committed for
purpose of intimidating or interfering with
constitutional rights of another.
Cal. Penal. Code § 1170.75 – Treats as an
aggravating factor that the crime of conviction
was motivated by malice towards the victim’s
race, color, religion, nationality, country of
origin, ancestry, disability, gender, or sexual
orientation.
Institutional VandalismYesSee above Cal. Penal Code § 628.1.
Cal. Penal Code § 594.3 – Criminalizes
vandalism of places of worship and
interference with religious worship and if
shown to have been committed by reason of
the race, color, religion, or national origin of
another individual or group of individuals and
to have been committed for the purpose of
intimidating and deterring persons from freely
exercising their religious beliefs, is guilty of a
felony punishable by imprisonment in the
state prison.
Cal. Penal Code § 11413 – Outlaws burning
churches or other places of worship.
Data CollectionYesCal. Penal Code § 628.1 – Mandates
development of a standard reporting form for
hate crimes for use by all school districts and
county offices of education.
Law EnforcementYesCal. Penal Code § 13519.6 – Covers hate
Trainingcrimes training for peace officers.
Colorado
Penalty EnhancementYesColo. Rev. Stat. § 18-9-121 – “It is the right of
every person, regardless of race, color,
ancestry, religion, or national origin, to be
secure and protected from fear, intimidation,
harassment, and physical harm caused by the
activities of individuals and groups.”
Institutional VandalismNoNo statute located under this heading.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Connecticut
Penalty EnhancementYesConn. Gen. Stat. Ann. § 53a-181j to 53-181l –
Covers intimidation based on bigotry or bias
in the first degree as a class C felony.
Institutional VandalismYesConn. Gen. Stat. Ann. § 46a-58 – Covers
deprivation of rights, desecration of property,
and cross burning.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Delaware
Penalty EnhancementYes11 Del. Code Ann. § 1304 – Imposes
additional penalties for hate crimes where it is
shown that a perpetrator committing the
underlying offense was motivated by the
“victim's race, religion, color, disability,
sexual orientation, national origin or
ancestry.”
Institutional VandalismYes11 Del. C. § 1331 (2005)-“A person is guilty
of desecration if the person intentionally
defaces, damages, pollutes or otherwise
physically mistreats any public monument or
structure, any place of worship, the national
flag or any other object of veneration by the
public or a substantial segment thereof, in a
public place and in a way in which the actor
knows will outrage the sensibilities of persons
likely to observe or discover the actions.”
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
District of Columbia
Penalty EnhancementYesD.C. Code § 22-3701 – Covers definitions of
“bias-related crime” and Designated act.
D.C. Code § 22-3703 – “A person charged
with and found guilty of a bias-related crime
shall be fined not more than 1 ½ times the
maximum fine authorized for the designed act
and imprisoned for not more than 1 ½ times
the maximum term authorized for the
designed act.”
D.C. Code § 22-3704 – Imposes additional
penalties for hate crimes 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, sex, age, marital status, personal
appearance, sexual orientation, family
responsibilities, physical handicap,
matriculation, or political affiliation.”
D.C. Code § 22-4004 – The perpetrator's
“designated act shall have a civil cause of
action in a court of competent jurisdiction for
appropriate relief.”
Institutional VandalismYesD.C. Code § 22-3312.02 – Covers defacing or
burning cross or religious symbol and display
of certain emblems.
Data CollectionYesD.C. Code § 22-3702 – “The Metropolitan
Police force shall afford each crime victim the
opportunity to submit with the complaint a
written statement that contains information to
support a claim that the designated act
constitutes a bias-related crime.”
Law EnforcementNoNo statute located under this heading.
Training
Florida
Penalty EnhancementYesFla. Stat. Ann. § 775.085 – Covers general
penalties of crimes motivated by the “victim's
race, color, ancestry, ethnicity, religion,
sexual orientation, national origin, mental or
physical disability, or advanced age of the
victim.”
Fla. Stat. § 775.0845 – Covers general
penalties for wearing mask while committing
offense
Institutional VandalismYesFla. Stat. § 806.13 – Criminalizes damages to
places of worship and real or personal
property belonging to another. Section also
includes penalties for minors.
Data CollectionYesFla. Stat. § 877.19 – “The Florida Department
of Law Enforcement shall collect and
disseminate data on incidents of criminal acts
that evidence prejudice based on race,
religion, ethnicity, color, ancestry, sexual
orientation, or national origin.”
Law EnforcementNoNo statute located under this heading.
Training
Georgia
Penalty EnhancementNoGa. Code §§ 17-10-17 to 17-10-19 –
Authorizes penalty enhancements for crimes
committed because of bias or prejudice.
Institutional VandalismYesGa. Code § 16-7-26 – Vandalism to a place of
worship.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Hawaii
Penalty EnhancementYesHawaii Rev. Stat. § 706-662 – “Criteria for
extended terms of imprisonment when (6)(b)
the defendant intentionally selected a victim,
or in the case of a property crime, the property
that was the object of a crime, because of
hostility toward the actual or perceived race,
religion, disability, ethnicity, national origin,
gender identity or expression, or sexual
orientation of any person.”
Institutional VandalismYesHawaii Rev. Stat. § 711-1107 – “A person
commits the offense of desecration if the
person intentionally desecrates: (a)Any public
monument or structure; or (b)A place of
worship or burial; (c) In a public place the
national flag or any other object of veneration
by a substantial segment of the public.”
Data CollectionYesHawaii Rev. Stat. § 846-51 – “Covers
definitions of hate crime reporting.”
Hawaii Rev. Stat. § 846-52 – “The department
of the attorney general shall be responsible for
the collection, storage, dissemination, and
analysis of all hate crime data from all
agencies that have primary investigative,
action, or program responsibility for adult or
juvenile offenses...”
Hawaii Rev. Stat.§ 846-53 – “Agencies that
have investigative, detention, custodial,
adjudicative, or program responsibility for
adult or juvenile offenses shall cooperate with
the attorney general in establishing the hate
crime reporting system .”
Hawaii Rev. Stat. § 846-54 – “The attorney
shall summarize and analyze reports of hate
crimes data that are received, and shall
compile and transmit an annual report of hate
crime data to the governor, the judiciary, the
department of public safety, and the
legi slature.”
Law EnforcementNoNo statute located under this heading.
Training
Idaho
Penalty EnhancementYesIdaho Code § 18-7092 – “It shall be unlawful
for any person, maliciously and with the
specific intent to intimidate or harass another
person because of that person's race, color,
religion, ancestry, or national origin.”
Institutional VandalismYesIdaho Code § 18-7902 – Malicious harassment
prohibited which includes injury to person or
property of another because of that person’s
race, color, religion, ancestry, or national
origin.
Data CollectionYesIdaho Code § 67-2915 – Provides for
statistical reporting of malicious harassment
crimes.
Law EnforcementNoNo statute located under this heading.
Training
Illinois
Penalty EnhancementYes720 Ill. Comp. Laws Ann. § 5/12-7.1 –
Outlaws hate crimes (violent crimes
committed because of animus towards
victim’s actual or perceived race, color, creed,
religion, ancestry, gender, sexual orientation,
physical or mental disability, or national
origin).
730 Ill. Comp. Laws Ann. § 5/5-5-3.2 – List
the aggravating factors that may be considered
by the court, including the selection of a
victim because of the victim’s actual or
perceived race, color, creed, religion,
ancestry, gender, sexual orientation, physical
or mental disability, or national origin.
Institutional VandalismYes720 Ill. Comp. Laws Ann. § 5/21-1.2 –
Criminalizes damage to places of worship,
schools, educational facilities or community
centers committed because of or by reason of
the race, color, creed, religion or national
origin of another.
Data CollectionYes20 Ill. Comp. Laws Ann. § 2605/55a31 –
Provides for the collection and dissemination
of hate crimes data.
Law EnforcementYes20 Ill. Comp. Laws Ann. § 2605/55a31 –
TrainingMandates training for state police officers in
identifying, responding to, and reporting hate
crimes.
Indiana
Penalty EnhancementNoNo statute located under this heading.
Institutional VandalismYesInd. Code Ann. § 35-43-1-2(b) – Outlaws
property damage to places of worship, schools
or community centers.
Data CollectionYesInd. Code Ann.§ 10-13-3-38 – “A law
enforcement agency shall collect information
concerning bias crimes.”
Ind. Code Ann.§ 10-13-3-1(b) – “Bias crime”
means an offense in which the person who
commits the offense knowingly or
intentionally damaged or otherwise affected
property because of the color, creed,
disability, national origin, race, religion, or
sexual orientation of the owner or occupant of
the affected property.
Law EnforcementNoNo statute located under this heading.
Training
Iowa
Penalty EnhancementYesIowa Code Ann. § 708.2C, 712.7, 716.6A,
729A.2 (crimes committed because of the
victim’s race, color, religion, ancestry,
national origin, political affiliation, sex,
sexual orientation, age, or disability).
Institutional VandalismYesIowa Code Ann. § 716.6A – Increases the
penalty for institutional vandalism one degree
higher than the underlying offense which is
also a hate crime as defined in § 729A.2.
Data CollectionYesIowa Code Ann. § 692.15(7) – Mandates
reporting of hate crimes.
Law EnforcementYesIowa Code Ann. § 729A.4 – Covers sensitivity
Trainingtraining for law enforcement personnel.
Kansas
Penalty EnhancementYesKan. Stat. Ann. § 21-4716(c)(2)(C) –
Establishes as an aggravating sentencing
factor a crime that was motivated by the
victim’s race, color, religion, ethnicity,
national origin, or sexual orientation.
Institutional VandalismYesKan. Stat. Ann. § 21-4111 – Covers
institutional vandalism and desecration of
religious institutions.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Kentucky
Penalty EnhancementYesKy. Rev. Stat. § 532.031 – “A person may be
found by the sentencing judge to have
committed an offense specified below as a
result of a hate crime if the person
intentionally because of race, color, religion
sexual orientation, or national origin of
another individual or group of individuals...”
Ky. Rev. Stat. § 346.055 – Victim of hate
crime deemed victim of criminally injurious
conduct.
Institutional VandalismYesKy. Rev. Stat. § 525.113 – “A person is guilty
of institutional vandalism when he, because of
race, color, religion, sexual orientation, or
national origin of another individual or group
of individuals, knowingly vandalizes, defaces,
damages, or desecrates objects...”
Ky. Rev. Stat. § 525.110 – Covers desecration
of venerated objects in the second degree.
Data CollectionYesKy. Rev. Stat. § 17.1523 – “Uniform offense
report to provide for indication of bias-related
crime.”
Law EnforcementYesKy. Rev. Stat. § 15.331 – Covers basic law
Trainingenforcement training to include training on
bias-related crime.
Louisiana
Penalty EnhancementYesLa. Rev. Stat. §14:107.2 – “It shall be
unlawful for any person to select the victim of
the following offenses against person and
property because of actual or perceived race,
age, gender, religion, color, creed, disability,
sexual orientation, national origin, or
ancestry...”
Institutional VandalismYesLa. Rev. Stat.§14.225 – Criminalizes
knowingly vandalizing, defacing, or otherwise
damaging places used for religious worship,
schools, or community centers.
Data CollectionYesLa. Rev. Stat. 15:1204.2B(4) – Mandates the
reporting of data regarding crimes directed
against individuals or groups, or their
property, by reason of their actual or
perceived race, age, gender, religion, color,
creed, disability, sexual orientation, national
origin, or ancestry.
Law EnforcementYesLa. Rev. Stat.§ 40:2403 – Covers Council on
TrainingPeace Officer Standards and Training.
Maine
Penalty EnhancementYes17 Me. Rev. Stat. § 1151 – Covers general
sentencing provisions for crimes motivated
because of the victim's “race, color, religion,
sex, ancestry, national origin, physical or
mental disability or sexual orientation of that
person or of the owner or occupant of that
property.”
17 Me. Rev. Stat. § 2931, 2932 – Outlaws
interference with the exercise or enjoyment of
civil rights.
Institutional VandalismYea17 Me. Rev. Stat.§ 507 – Covers desecration
and defacement of places of worship.
Data CollectionYes25 Me. Rev. Stat. § 1544 – Provides for
reporting on crimes that manifest evidence of
prejudice based on race, religion, disability,
sexual orientation or ethnicity.
Law EnforcementNoNo statute located under this heading.
Training
Maryland
Penalty EnhancementYesMd. Crim. Code Ann. § 10-305 – Covers
specific penalties associated with hate crimes.
Md. Crim. Code Ann. § 10-306 –
“Prosecution of a person under this subtitle
does not preclude prosecution and imposition
of penalties for another crime in addition to
the penalties imposed under this subtitle.”
Institutional VandalismYesMd. Crim. Code Ann. § 10-301 – Covers
damaging property of religious entity.
Md. Crim. Code Ann. § 10-302 – “A person
may not, by force or threat of force, obstruct
or attempt to obstruct another in the free
exercise of that person's religious beliefs.”
Md. Crim. Code Ann. § 10-303 – Covers
“harassment; destruction of property because
of another's race, color, religious beliefs, or
national origin...”
Md. Crim. Code Ann. § 10-304 – Covers
damage to associated building.
Data CollectionYesMd. Crim. Code Ann. 88B, § 9(b)– Mandates
the collection and analysis of information
relating to incidents directed against an
individual or group because of the
individual’s or group’s race, religion,
ethnicity, or sexual orientation.
Law EnforcementNoNo statute located under this heading.
Training
Massachusetts
Penalty EnhancementYesMass. Gen. Laws Ann. ch. 265, § 37 –
Outlaws interference with the exercise or
enjoyment of civil rights.
Mass. Gen. Laws Ann. ch. 265, § 39 – Covers
Intimidation because of Race, Color, Religion
or National Origin; Assault or Battery;
Damage to Property; Fines; Imprisonment;
Diversity Awareness Program.
Institutional VandalismYesMass. Gen. Laws Ann. ch. A266 § 126A –
Criminalizes defacement of real or personal
property
Mass. Gen. Laws Ann. ch. 266 § 127 –
Criminalizes anyone who destroys or injures
the personal property, dwelling house or
building of another.
Data CollectionYesMass. Gen. Laws Ann. ch. 22C § 33 –
Provides for the promulgation of regulation
relative to the collection of hate crime data
Mass. Gen. Laws Ann. ch.22C § 34 –
Provides for the summary and analysis of hate
crime data and the publication of annual
reports.
Law EnforcementYesMass. Gen. Laws Ann. ch. 6, § 116B – “The
Trainingmunicipal police training committee shall
provide instruction for police officers in
identifying, responding to and reporting all
incidents of hate crime....”
Michigan
Penalty EnhancementYesMich. Comp. Laws. Ann. § 750.147b –
Outlaws ethnic intimidation on the basis of
race, color, religion, gender, or national
origin.
Institutional VandalismNoNo statute located under this heading.
Data CollectionYesMich. Comp. Laws. Ann. § 28.257a –
Requires that ethnic intimidation offenses be
reported to the central record repository.
Law EnforcementNoNo statute located under this heading.
Training
Minnesota
Penalty EnhancementYesMinn. Stat. Ann. § 609.2231[subd.4],
Covers assault, property damage and
harassment motivated by victim’s or another’s
actual or perceived race, color, religion, sex,
sexual orientation, disability, age, or national
origin.
Minn. Stat. Ann. ch. 244 App. [II][2][b][11] –
Establishes an aggravating sentencing factor
for offenses motivated by the animus noted
above.
Institutional VandalismYesMinn. Stat. Ann. § 609.595 – Covers damage
to property.
Data CollectionYesMinn. Stat. Ann. § 626.5531 – Covers
reporting of crimes motivated by bias.
Law EnforcementYesMinn. Stat. Ann. § 626.8451 – Covers training
Trainingin identifying and responding to certain
crimes.
Mississippi
Penalty EnhancementYesMiss. Code Ann. § 99-19-307 – Imposes
additional penalties for hate crimes “in the
event it is found beyond a reasonable doubt
that the offense was committed by reason of
the actual or perceived race, color, ancestry,
ethnicity, religion, national origin or gender of
the victim. ”
Miss. Code Ann. § 99-19-305 – Covers
sentencing proceedings; required findings for
enhanced penalty.
Miss. Code Ann. § 99-19-301 – Covers
penalties subject to enhancement.
Institutional VandalismYesMiss. Code Ann. § 97-17-39 – Describes
penalties for injuring, destroying, or defacing
certain public buildings, schools or churches,
or property thereof.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Missouri
Penalty EnhancementYesMo. Ann. Stat. § 557.035 – Provides enhanced
penalties for motivational factors in certain
crimes...which the state believes to be
knowingly motivated because of race, color,
religion, national origin, sex, sexual
orientation or disability of the victim or
victims.”
Institutional VandalismYesMo. Ann. Stat. §574.085 – Criminalizes
vandalism or damages to places used for
religious worship or other religious purpose,
schools, community centers, and any personal
property contained therein.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Montana
Penalty EnhancementYesMont. Code Ann. § 45-5-222 – Sentence
enhancement-offenses committed because of
victim's race, creed, religion, color, national
origin, or involvement in civil rights or human
rights activities.
Institutional VandalismYesMont. Code. Ann. § 45-5-221 – Criminalizes
damages to another’s property motivated by
race, creed, religion, color, national origin, or
involvement in civil rights or human rights
activities.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Nebraska
Penalty EnhancementYesNeb. Rev. Stat. § 28-111 – Imposes additional
penalties for “any person who commits one or
more of the following criminal offenses
against a person or a person's property
because of the person's race, color, religion,
ancestry, national origin, gender, sexual
orientation, age, or disability....”
Neb. Rev. Stat. § 28-113 – A victim of hate
crime “may bring a civil action for equitable
relief, general and special damages,
reasonable attorney's fees, and costs.”
Institutional VandalismNoNo statute located under this heading.
Data CollectionYesNeb. Rev. Stat. § 28-114 – Provides for the
establishment of a central repository for the
collection and analysis of information
regarding criminal offenses committed against
a person because of the person’s race, color,
religion, ancestry, national origin, gender,
sexual orientation, age, or disability.
Law EnforcementNoNo statute located under this heading.
Training
Nevada
Penalty EnhancementYesNev. 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 or sexual orientation of another
person or group of persons.
Nev. Rev. Stat. § 193.1675 – Additional
penalty: Commission of crime because of
certain actual or perceived characteristics of
victim.
Nev. Rev. Stat. § 41.690 – “Cause of action
for damages resulting from criminal violation
if perpetrator was motivated by certain
characteristics of victim. ”
Institutional VandalismYesNev. Rev. Stat. § 206.125 – Damage of
property used for religious or educational
purposes, for burial or memorializing dead or
as community center; damage of property
contained therein.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
New Hampshire
Penalty EnhancementYesN. H. Rev. Stat. Ann. § 651:6 – Imposes
extended term of imprisonment where a
perpetrator was “substantially motivated to
commit the crime because of hostility towards
the victim's religion, race, creed, sexual
orientation, national origin or sex.”
Institutional VandalismNoNo statute located under this heading.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
New Jersey
Penalty EnhancementYesN. J. Stat. Ann. § 2C:44-3 – Provides that a
court may enhance penalties for crimes
committed with a purpose to intimidate an
individual or group because of race, color,
gender, handicap, religion, sexual orientation
or ethnicity.
N. J. Stat. Ann. § 2C:16–1 – Outlaws bias
intimidation on the basis of the victim’s race,
color, religion, gender, handicap, sexual
orientation or ethnicity.
Institutional VandalismYesN. J. Stat. Ann. § 2C:33-11 – Criminalizes
purposeful defacement or damage to any
private premises or property primarily used
for religious, educational, residual, memorial,
charitable, or cemetery purposes, by placing a
symbol or object that exposes another to
threat of violence.
Data CollectionYesN. J. Stat. Ann. § 52:9DD-9 – Covers 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 ability.
Law EnforcementYesN. J. Stat. Ann. § 52:9DD-9 – Covers
Trainingdevelopment of cultural diversity training for
law enforcement personnel.
New Mexico
Penalty EnhancementYesN.M. Stat. Ann. § 31-18B-1 – This act 31-
18B-1 to 31-18B-5 NMSA 1978 may be cited
as the “Hate Crimes Act.” Will allow a year
of prison to be added to each felony charge
proved by the prosecutors.
Institutional VandalismYesN.M. Stat. Ann. § 30-15-4 – Criminalizes
desecration of a church.
Data CollectionYesN.M. Stat. Ann. § 31-18B-4 - Shall provide
the FBI with data concerning a crime
motivated by hate in accordance with
guidelines established pursuant to the Federal
Hate Crime Statistics Act.
Law EnforcementYesN.M. Stat. Ann. § 31-18B-5 - Provides for law
Trainingenforcement training concerning the detection,
investigation and reporting of a crime
motivated by hate.
New York
Penalty EnhancementYesN.Y. Penal § 485.10 – When a person
commits a hate crime, the penalty shall be
deemed to be one category higher than the
specified offense the defendant committed, or
one category higher than the offense level
applicable to the defendant’s conviction for an
attempt or conspiracy to commit a specified
offense.
N.Y. Penal § 240.30, 240.31 – Outlaws
aggravating harassment on the basis of the
victim’s real or perceived race, color, national
origin, ancestry, gender, religion, religious
practices, age, disability or sexual orientation.
Institutional VandalismNoNo statute located under this heading.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
North Carolina
Penalty EnhancementYesN.C. Gen. Stat. § 14-3 – Enhances punishment
for offenses committed because of victim's
race, color, religion, nationality, or country of
origin.
Institutional VandalismYesN.C. Gen. Stat. § 14-49 – Covers wilful and
malicious damage to buildings of worship by
use of explosive.
N.C. Gen. Stat. § 14-144 – Covers damage to
buildings of worship by another means than
burning or attempt to burn.
N.C. Gen. Stat. § 14-62.2 – Covers church
burning.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
North Dakota
Penalty EnhancementYesN.D. Cent. Code, § 12.1-14-04 – “A person is
guilty of a class B misdemeanor if , whether
or not acting under color of law, he, by force,
or threat of force or by economic coercion,
intentionally 1. injures, intimidates, or
interferes with another because of his sex,
race, color, religion, or national origin...”
Institutional VandalismNoNo statute located under this heading.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Ohio
Penalty EnhancementYesOhio Rev. Stat. Ann. § 2927.12 – Enhances
penalty for ethnic intimidation and certain
offenses committed by reason of the victim’s
race, color, religion, or national origin.
Institutional VandalismYesOhio Rev. Stat. Ann. § 2927.11 – Covers
damage to places of worship, their
furnishings, or religious artifacts or sacred
texts with the place of worship.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Oklahoma
Penalty EnhancementYes21 Okl. Stat. Ann. § 850 – “No person shall
maliciously and with the specific intent to
intimidate or harass another person because of
that person's race, color, religion, ancestry,
national origin or disability.”
Institutional VandalismYes21 Okl. Stat. Ann. § 1765 – Covers wilful
injury to any house of worship or any part
thereof, or property therein.
Data CollectionYes21 Okl. Stat. Ann. § 850F – Mandates the
development of a standard system for state
and local law enforcement agencies to report
incidents of crime that are apparently directed
against members of racial, ethnic, religious
groups or other groups specified in the
section.
Law EnforcementNoNo statute located under this heading.
Training
Oregon
Penalty EnhancementYesOre. Rev. Stat. §§ 166.155, 166.165 – Covers
intimidation because of the perpetrator’s
perception of that person’s race, color,
religion, national origin or sexual orientation.
Institutional VandalismYesOre. Rev. Stat. § 166.075 – Defines crime of
abuse of venerated objects as the intentional
abuse of a place of worship.
Data CollectionYesOre. Rev. Stat. § 181.550 – “All law
enforcement agencies shall report to the
Department of State Police statistics
concerning crimes.”
Law EnforcementYesOre. Rev. Stat. § 181.642 – Mandates training
Trainingon the investigation, identification and
reporting of crimes motivated by prejudice
based on the perceived race, color, religion,
national origin, sexual orientation, marital
status, political affiliation or beliefs,
membership or activity in or on behalf of a
labor organization or against a labor
organization, physical or mental handicap,
age, economic or social status or citizenship
of the victim.
Pennsylvania
Penalty EnhancementYes18 Pa. Stat. Ann. § 2710 – Enhances penalty
for “[a] person commits the offense of ethnic
intimidation if, with malicious intention
toward the actual or perceived race, color,
religion, national origin, ancestry, mental or
physical disability, sexual orientation, gender
or gender identity of another individual or
group of individuals....”
Institutional VandalismYes18 Pa. Stat. Ann. § 3307 – Covers desecration
of places used for religious worship or other
religious purposes, schools, and community
centers.
18 Pa. Stat. Ann. § 5509 – Criminalizes
desecration of venerated objects.
Data CollectionYes71 Pa. Stat. Ann. § 250(I) – Gives power and
the duty for the State Police to collect
information relating to crimes and incidents
related to the race, color, religion or national
origin of individuals and groups.
Law EnforcementNoNo statute located under this heading.
Training
Rhode Island
Penalty EnhancementYesR.I. Gen. Laws § 12-19-38. Hate Crime
Sentencing Act - Enhances the penalty where
the defender selects a victim because of hatred
toward the actual or perceived disability,
religion, color, race, national origin or
ancestry, sexual orientation, or gender of that
person.
Institutional VandalismYesR.I. Gen. Laws § 11-44-31 – Covers the
desecration of places of public assemblage,
including places used for religious worship or
other religious purposes, and buildings used
for educational purposes or as a community
meeting place.
Data CollectionYesR.I. Gen. Laws § 42-28-46 – Provides for the
development of a system monitoring the
occurrence of, and collecting data regarding
crimes motivated by racial, religious, ethnic
bigotry or bias on any other matter defined as
a hate crime.
Law EnforcementYesR.I. Gen. Laws § 42-28.2-8.1 – The
Trainingcommission on standards and training shall
prepare and publish mandatory training
standards to provide instruction for police
officers in identifying, responding to and
reporting all incidents of “hate crimes.”
South Carolina
Penalty EnhancementNoNo statute located under this heading.
Institutional VandalismYesS.C. Code Ann. § 16-11-535 – Covers wilful
injury to any place of worship.
S.C. Code Ann. § 16-11-110(B) – Covers
church burning.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
South Dakota
Penalty EnhancementYesS.D. Cod. Laws § 22-19B-1 – “No person may
maliciously and with the specific intent to
intimidate or harass another person because of
that person's race, color, religion, ancestry or
national origin.”
Institutional VandalismNoNo statute located under this heading.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Tennessee
Penalty EnhancementYesTenn. Code Ann. § 40-35-114 – Imposes
additional penalties for hate crimes when “the
defendant intentionally selects the
person against whom the crime is committed
or selects the property that is
damaged....because of the actor's belief or
perception regarding the race, religion, color,
disability, sexual orientation, national origin,
ancestry of gender of that person or of the
owner or occupant of that property.”
Tenn. Code Ann. § 39-17-309 – Outlaws civil
rights intimidation based on the same factors.
Institutional VandalismYesTenn. Code Ann. § 40-35-114
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Texas
Penalty EnhancementYesTex. Code Crim. Proc. Art. 42.014 – Finding
that offense was committed because of bias or
prejudice.
Tex. Penal Code §12.47 – Authorizes
sentencing enhancement on the basis of that
finding.
Institutional VandalismYesTex. Penal Code § 28.08 – Cover graffiti or
other markings on place of worship.
Tex. Penal Code § 28.03(f) – Covers damage
or destruction to a place of worship
Data CollectionYesTex. Gov. Code § 411.046 – Provides for the
establishment and maintenance of a central
repository for the collection and analysis of
information relating to crimes that are
motivated by prejudice, hatred, or advocacy of
violence.
Law EnforcementNoNo statute located under this heading.
Training
Utah
Penalty EnhancementYesUtah Code Ann. § 76-3-203.3 – Penalty for
hate crimes - Civil rights violation. Covers an
act which causes the victim to fear for his
physical safety or damages the property of
that person or another.
Institutional VandalismNoNo statute located under this heading.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Vermont
Penalty EnhancementYes13 Vt. Stat. Ann. § 1455 – Imposes additional
penalties for “a person who commits, causes
to be committed or attempts to commit any
crime and whose conduct is maliciously
motivated by the victim's actual or perceived
race, color, religion, national origin, sex,
ancestry, age, service in the armed forces of
the United States, handicap, sexual orientation
or gender identity.”
Institutional VandalismNoNo statute located under this heading.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Virginia
Penalty EnhancementYesVa. Code Ann. § 18.2-57 – Imposes additional
penalties “if a person intentionally selects the
person against whom an assault and battery
resulting in bodily injury is committed
because of his race, religious conviction, color
or national origin.”
Institutional VandalismYesVa. Code Ann. § 18.2.127 – Covers willful or
malicious injury to places of worship.
Va. Code Ann. § 18.2.138 – Covers
destruction of property within places of
worship.
Data CollectionYesVa. Code Ann. § 52-8.5 – Covers reporting
hate crimes.
Law EnforcementNoNo statute located under this heading.
Training
Washington
Penalty EnhancementYesWash. Rev. Code § 9A.36.080 – “A person is
guilty of malicious harassment if he or she
maliciously and intentionally commits one of
the following acts because of his or her
perception of the victim's race, color, religion,
ancestry, national origin, gender, sexual
orientation, or mental, physical, or sensory
handicap.”
Institutional VandalismYesWash. Rev. Code § 9A.36..080(2)(a) – Covers
Cross burnings.
Wash. Rev. Code § 9.61.160 – Covers threats
to bomb or injure places of worship or public
assembly.
Data CollectionYesWash. Rev. Code § 36.28A.030 – Provides for
creation of central repository for the
collection and classification of information
regarding crimes of bigotry or bias.
Law EnforcementYesWash. Rev. Code § 43.101.290 – Mandates
Trainingtraining in identifying, responding to, and
reporting crimes of bigotry and bias.
West Virginia
Penalty EnhancementYesW. Va. Code Ann. § 61-6-21 – Covers
prohibiting violations of an individual's civil
rights and makes commission of a crime
because of the victim’s race, color, religion,
ancestry, national origin, political affiliation
or sex an aggravating circumstance in
imposing sentence.
Institutional VandalismNoNo statute located under this heading.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Wisconsin
Penalty EnhancementYesWis. Stat. Ann. § 939.645 – “If a person does
all of the following, the penalties for the
underlying crime are
increased....(b)Intentionally selects the person
against whom the crime under par. (a) is
committed or selects the property that is
damaged or otherwise affected by the crime
under par. (a) in whole or in part because of
the actors belief or perception regarding the
race, religion, color, disability, sexual
orientation, national origin or ancestry of that
person or the owner or occupant of that
property...”
Institutional VandalismYesWis. Stat. Ann. § 943.012 – Covers criminal
damage to or graffiti on religious and other
property.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training
Wyoming
Penalty EnhancementYesWyo. Stat. § 6-9-102 – Outlaws civil rights
violations on the basis of race, color, sex,
creed, or national origin..
Institutional VandalismNoNo statute located under this heading.
Data CollectionNoNo statute located under this heading.
Law EnforcementNoNo statute located under this heading.
Training