Alison M. Smith
Legislative Attorney
Cassandra L. Foley
Law Librarian
Concerns about hate crimes have become increasingly prominent among policymakers at all levels of government in recent years. The Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322, Title XXVIII §280003a) defines a “hate crime” as one 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. Current federal law permits prosecution of hate crimes committed on the basis of the victim’s race, color, religion, or national origin while the victim was engaged in a federally protected activity such as voting or attending school. On October 28, 2009, the President signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (P.L. 111-84, codified at 18 U.S.C. § 249). This law expands the scope of hate crime victims to include gender identity and disability. In addition, the law broadens the circumstances under which the federal government may assert jurisdiction to prosecute such crimes. For hate crimes prosecuted federally under these provisions, the law requires that the Attorney General certify that pertinent state or local officials (1) were unable or unwilling to prosecute, (2) favored federal prosecution, or (3) prosecuted, but the investigation’s or trial’s results failed to satisfy the federal interest to combat hate crimes.
Although there is federal legislation in place, many states have enacted some form of ethnic intimidation law or bias-motivated sentence-enhancement factors in attempts to curtail hate crimes. In some instances, state statutes afford broader protection to include sexual orientation, mental or physical disability, age, and/or marital status. This report summarizes state statutes governing hate crimes and will be updated periodically as legislative actions occur.
Date of Report: September 28, 2010
Number of Pages: 33
Order Number: RL33099
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Legislative Attorney
Cassandra L. Foley
Law Librarian
Concerns about hate crimes have become increasingly prominent among policymakers at all levels of government in recent years. The Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322, Title XXVIII §280003a) defines a “hate crime” as one 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. Current federal law permits prosecution of hate crimes committed on the basis of the victim’s race, color, religion, or national origin while the victim was engaged in a federally protected activity such as voting or attending school. On October 28, 2009, the President signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (P.L. 111-84, codified at 18 U.S.C. § 249). This law expands the scope of hate crime victims to include gender identity and disability. In addition, the law broadens the circumstances under which the federal government may assert jurisdiction to prosecute such crimes. For hate crimes prosecuted federally under these provisions, the law requires that the Attorney General certify that pertinent state or local officials (1) were unable or unwilling to prosecute, (2) favored federal prosecution, or (3) prosecuted, but the investigation’s or trial’s results failed to satisfy the federal interest to combat hate crimes.
Although there is federal legislation in place, many states have enacted some form of ethnic intimidation law or bias-motivated sentence-enhancement factors in attempts to curtail hate crimes. In some instances, state statutes afford broader protection to include sexual orientation, mental or physical disability, age, and/or marital status. This report summarizes state statutes governing hate crimes and will be updated periodically as legislative actions occur.
Date of Report: September 28, 2010
Number of Pages: 33
Order Number: RL33099
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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