Hate Crimes

Hate Crime Statutes

Hate crime statutes vary from jurisdiction to jurisdiction. The regulations enacted pursuant to the major federal hate crime statute, the Violent Crime Control and Law Enforcement Act of 1994, allow for more severe sentences in cases where “the defendant intentionally selected any victim or any property as the object of the offense because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person” (60 Federal Register 25,082, Application Notes 4). Other major federal statutes include the Hate Crime Statistics Act of 1990 and the Campus Hate Crimes Right to Know Act of 1997 (also known as the Clery Act).

The Hate Crime Statistics Act recognizes the classes of race, religion, disability, sexual orientation, and ethnicity, but it excludes color, national origin, and gender, three classes that were later included in the Violent Crime Control and Law Enforcement Act of 1994. Based on these classifications, the latter act directs the attorney general to collect data on hate crimes occurring in the United States. These data are then made available through a joint report by the FBI and Department of Justice.

Reporting Requirements

The Campus Hate Crimes Right to Know Act of 1997 amended the Higher Education Act of 1965 to include a requirement to report all crimes “based on race, gender, religion, sexual orientation, ethnicity, and disability.” This act does not include the classes of color and national origin. The Campus Hate Crimes Right to Know Act is formally codified in 20 U.S.C. § 1092(f) with other reporting provisions of the Clery Act. The annual reporting of hate crime statistics by university officials is just one of the crime statistics that must be reported by college officials. In addition to annual crime reports, institutional officials must issue timely warnings about crimes, have a public crime [Page 236]log, and ensure that established rights of the victims of campus sexual assault are respected.

State Laws

The three pieces of federal hate crime legislation do not use the same categories or classes of membership to define victims of hate crime, and state statutory views are equally uneven. All but five states currently have some form of hate crime statutes, but the included classes differ. Some classes that are included in state statutes but not included in federal statutes are political affiliation (5 states), age (13 states), and transgender/gender identity (12 states). Additionally, states vary on reporting requirements, ability to bring civil suits, required training for law enforcement, and vandalism statutes.

...