Hate crimes stem from hostility toward a particular race, religion, national origin, or other trait defining a group of people. The federal government and almost all states have enacted laws targeting hate crimes. Some of these laws define a hate crime as a distinct offense with its own classification and penalties. Other laws treat bias or prejudice as an aggravating factor when sentencing a defendant convicted of an underlying crime.
At the federal level, 18 U.S. Code Section 249 prohibits willfully causing bodily injury to anyone because of the actual or perceived race, color, religion, or national origin of any person. A conviction may result in imprisonment for up to 10 years, or up to life imprisonment if death results or if the offense involves kidnapping or aggravated sexual abuse. A fine of up to $250,000 also may be imposed. A separate provision of the statute imposes the same penalties for the same conduct if it is committed under certain specified circumstances and motivated by the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person.
Federal statutes also prohibit a handful of related crimes, such as:
Many states have broader laws than the federal statutes. This survey focuses on the main hate crime laws in each state, describing protected characteristics, the definition of the crime or enhancement, and potential penalties. It also notes some related laws that prohibit specific actions associated with hostility toward a particular protected class, such as burning a cross or defacing a place of worship. To understand the full scope of the laws that may apply to an incident involving bias or prejudice, you should consult a criminal lawyer in your state.
Alabama Hate Crime Laws
Protected characteristics include race, color, religion, national origin, ethnicity, and disability.
Code of Alabama Section 13A-5-13 provides for mandatory minimum sentences for felonies and misdemeanors that were motivated beyond a reasonable doubt by a protected characteristic of the victim. The mandatory minimum sentence for a Class D felony in this situation is 18 months, while it is two years for a Class C felony, 10 years for a Class B felony, and 15 years for a Class A felony. A defendant convicted of a misdemeanor hate crime will be sentenced for a Class A misdemeanor, and there is a mandatory minimum sentence of three months.
Alabama also has more specific laws involving cross burning and desecration of a place of worship. Cross burning is a Class C felony, while desecration is a Class A misdemeanor.
Alaska Hate Crime Laws
Protected characteristics include race, sex, color, creed, disability, ancestry, national origin, and age (65 or older).
Alaska Statutes Section 12.55.155 allows a sentencing enhancement for a felony if the defendant knowingly directed the criminal conduct at a victim because of their protected characteristic. The sentencing court must consider this factor and may impose a sentence above the presumptive range. However, a sentence outside the presumptive range must be based on the totality of the aggravating and mitigating factors.
A related law, Section 11.76.110 , describes a crime known as interference with constitutional rights. This involves injuring, oppressing, threatening, or intimidating another person with the intent to deprive them of a right or privilege under Alaska law. It also involves intentionally injuring, oppressing, threatening, or intimidating another person because they exercised or enjoyed a right or privilege under Alaska law. However, the statute does not define any classes that are specifically protected. This crime is a class A misdemeanor, which can result in up to one year of imprisonment and a fine of up to $25,000.
Arizona Hate Crime Laws
Protected characteristics include race, color, religion (antisemitism is specifically listed), national origin, sexual orientation, gender, and disability.
Arkansas Hate Crime Laws
Protected characteristics under a vague law include mental, physical, biological, cultural, political, and religious beliefs or characteristics.
Arkansas Code Section 5-4-405 provides that a person who commits a serious felony involving violence is subject to delayed release if the state proves beyond a reasonable doubt that the person committed the offense under an aggravating circumstance. This means that the defendant purposely selected the victim because they were a member of or associated with a recognizable and identifiable group or class, sharing mental, physical, biological, cultural, political, or religious beliefs or characteristics.
Delayed release prevents a prisoner from being eligible for parole unless they have served at least 80 percent of their sentence. Felonies to which the statute applies include first-degree and second-degree murder, first-degree battery, aggravated assault, felony terroristic threatening, terroristic act, arson, and unlawful discharge of a firearm from a vehicle.
Arkansas also has more specific laws involving arson of a place of worship, desecrating or damaging a religious symbol, and defacing or damaging a place of worship. Arson of a place of worship is generally a felony, desecrating or damaging a religious symbol is a Class C misdemeanor, and defacing or damaging a place of worship may be charged as a misdemeanor or felony, depending on the scope of the damage.
California Hate Crime Laws
Protected characteristics include disability, gender (including gender identity and gender expression), nationality (including immigration status), race or ethnicity (including ancestry), religion, and sexual orientation.
California Penal Code Section 422.55 provides that a hate crime is a criminal act committed (at least in part) because of one or more protected characteristics of the victim, or their association with someone with one of these protected characteristics. It most notably includes violations of Section 422.6 , which prohibits willfully injuring, intimidating, interfering with, oppressing, or threatening someone else in the free exercise or enjoyment of a legal right or privilege because of a protected characteristic of the victim. (A limited exception addresses free speech concerns.) The law also prohibits knowingly defacing, damaging, or destroying the property of someone else for the purpose of intimidating or interfering with the free exercise or enjoyment of a legal right or privilege because of a protected characteristic of the victim.
A violation of Section 422.6 may result in imprisonment for up to one year, as well as a fine of up to $5,000. The defendant also must perform community service.
Section 422.7 provides a sentencing enhancement for certain situations in which a defendant committed a misdemeanor that also meets the definition of a hate crime. The crime must have been committed to intimidate or interfere with the victim’s exercise or enjoyment of a legal right under certain circumstances, such as when the defendant caused an actual physical injury, caused property damage worth more than $950, or had the ability to commit a violent injury. If the requirements of Section 422.7 are met, the defendant may be punished by up to one year in jail, or potentially up to three years if the crime is treated as a felony. They also may be subject to a fine of up to $10,000.
Section 422.75 further provides that a person who commits a felony that is a hate crime may receive an additional term of 1-3 years in prison at the discretion of the court. Section 422.76 describes certain additional situations in which the fact that a person committed a felony or attempted to commit a felony that is a hate crime will be considered an aggravating circumstance in sentencing.
California also has more specific laws involving terrorizing with symbols (such as a noose, swastika, or burning cross), preventing someone from exercising their religion , and using explosives or arson near a place of worship. Terrorizing with symbols may be charged as either a misdemeanor or felony, while preventing someone from exercising their religion or using explosives or arson near a place of worship is a felony.
Colorado Hate Crime Laws
Protected characteristics include race, color, religion, ancestry, national origin, disability, and sexual orientation.
Colorado Code Section 18-9-121 provides that a person commits a bias-motivated crime if they engage in specified conduct with the intent to intimidate or harass another person at least partly because of their protected characteristic. If the defendant knowingly causes bodily injury to another person with the intent above, this is considered a class 5 felony, which may result in 1-3 years of imprisonment and a fine between $1,000 and $100,000. (This offense is upgraded to a class 4 felony if the offender was physically aided or abetted by someone else, which may result in 2-6 years of imprisonment and a fine between $2,000 and $500,000.)
Lesser forms of hate crimes involve having the intent above while knowingly causing damage or destruction to someone else’s property, or using words or conduct to knowingly place another person in fear of imminent lawless action directed at their property or them, when the words or conduct are likely to produce property damage or bodily injury. These offenses are class 1 misdemeanors, which may result in up to 364 days of imprisonment and a fine of up to $1,000.
In addition, Section 18-9-111 makes it a class 1 misdemeanor to commit certain harassment crimes with the intent to intimidate or harass another person at least partly because of their protected characteristic.
Colorado also has a more specific law involving desecrating a place of worship. This is a class 2 misdemeanor.
Connecticut Hate Crime Laws
Protected characteristics include race, religion, ethnicity, disability, sex, sexual orientation, and gender identity or expression.
Connecticut has defined three main levels of hate crimes. Section 53a-181j describes intimidation based on bigotry or bias in the first degree. This involves maliciously causing physical injury to another person with specific intent to intimidate or harass another person that is motivated (at least substantially) by their protected characteristic. This is a class C felony, which may result in 1-10 years of imprisonment and a fine of up to $10,000.
Section 53a-181k describes intimidation based on bigotry or bias in the second degree. This involves maliciously engaging in certain conduct with specific intent to intimidate or harass another person that is motivated (at least substantially) by their protected characteristic. The underlying conduct may involve causing physical contact with the other person, damaging, destroying, or defacing their property, or threatening to do one of these things if there is reasonable cause to believe that such an act will occur. This is a class D felony, which may result in imprisonment for up to five years and a fine of up to $5,000.
Section 53-181l describes intimidation based on bigotry or bias in the third degree. This involves engaging in certain conduct with specific intent to intimidate or harass another person that is motivated (at least substantially) by their protected characteristic. The underlying conduct may involve damaging, destroying, or defacing any property, or threatening to do this or urging someone else to do this if there is reasonable cause to believe that this will occur. This is a class E felony, which may result in imprisonment for up to three years and a fine of up to $3,500.
Another law, Section 46a-58 , describes an offense called deprivation of rights. This involves subjecting another person to the deprivation of rights or privileges under federal or Connecticut law based on their religion, national origin, alienage (lack of citizenship), color, race, sex, gender identity or expression, sexual orientation, blindness, disability, veteran status, or domestic violence victim status. (Note that these protected classes are different from those described by the main hate crime statutes.) A violation is generally a class A misdemeanor that may result in a fine of up to $1,000, although it is a class D felony that may result in at least a $1,000 fine if the violation caused property damage greater than $1,000.
Section 53a-40a provides enhanced penalties for a persistent offender of crimes involving bigotry or bias. This largely means that they have multiple convictions of the crimes described above. If the current conviction is a felony, the court will impose the sentence of imprisonment authorized for the next most serious degree of felony. If the current conviction is a misdemeanor, the court generally will impose the sentence of imprisonment authorized for the next most serious degree of misdemeanor. However, for a class A misdemeanor, the court will impose the sentence of imprisonment for a class D felony.
Delaware Hate Crime Laws
Protected characteristics include race (including hairstyle), religion, color, disability, sexual orientation, sex, age, gender identity, national origin, and ancestry.
11 Delaware Code Section 1304 provides that someone commits a hate crime if they commit an underlying crime while they are motivated (at least in part) by a belief or perception about the protected characteristic of someone else. (This statute also applies to certain crimes related to the victim’s First Amendment rights.)
If the underlying offense is a violation or unclassified misdemeanor, the hate crime is a class A misdemeanor. If the underlying offense is a class A, B, or C misdemeanor, the hate crime is a class G felony. If the underlying offense is a class C through G felony, the hate crime is one grade higher than the underlying offense. If the underlying offense is a class A or B felony, the hate crime is the same grade as the underlying offense, but the minimum sentence of imprisonment required for the underlying offense is doubled.
Delaware also has more specific laws involving desecrating places of worship and burning crosses or other religious symbols. These are class A misdemeanors.
Florida Hate Crime Laws
Protected characteristics include race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, advanced age (older than 65), and disability.
Florida Statutes Section 775.085 provides that the penalty for a felony or misdemeanor will be reclassified if the commission of the felony or misdemeanor shows prejudice based on a protected characteristic (other than disability) of the victim. The record must reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was in a protected class. Section 775.0863 provides a parallel rule for prejudice based on a disability.
If either of these statutes applies, a second-degree misdemeanor will be reclassified to a first-degree misdemeanor, while a first-degree misdemeanor will be reclassified to a third-degree felony. A third-degree felony will be reclassified to a second-degree felony, a second-degree felony will be reclassified to a first-degree felony, and a first-degree felony will be reclassified to a life felony.
Florida also has more specific laws involving defacing or damaging places of worship, cross burning in a public place or on private property , or otherwise placing an exhibit to intimidate someone. Defacing or damaging a place of worship is a third-degree felony, while cross burning in a public place or placing an exhibit to intimidate is a second-degree misdemeanor, and cross burning on private property is a first-degree misdemeanor. Meanwhile, certain offenses against people on the grounds of religious institutions may lead to enhanced penalties. The statute defining first-degree arson , which is a first-degree felony, explicitly includes churches.
Georgia Hate Crime Laws
Protected characteristics include race, color, religion, national origin, sex, sexual orientation, gender, and disability.
Georgia Code Section 17-10-17 provides that penalties may be enhanced if the jury finds beyond a reasonable doubt that the defendant intentionally selected any victim, group of victims, or property as the object of the offense based on a protected characteristic. The judge imposing the sentence must impose a sentence of imprisonment for at least two years and a fine of up to $5,000 if the underlying offense is a felony. If the underlying offense is a “designated misdemeanor,” the judge must impose a sentence of imprisonment for 6-12 months and a fine of up to $5,000. Designated misdemeanors include simple assault, simple battery, battery, criminal trespass, and misdemeanor theft by taking.
Georgia also has more specific laws involving vandalism at a place of worship and terroristic acts related to a burning cross or another burning symbol. Both of these offenses are felonies.
Hawaii Hate Crime Laws
Protected characteristics include race, religion, disability, ethnicity, national origin, gender identity or expression, and sexual orientation.
Hawaii Revised Statutes Section 706-662 provides that a defendant who has been convicted of a felony may be subject to an extended term of imprisonment if it is proven beyond a reasonable doubt that an extended term of imprisonment is necessary for the protection of the public, and the defendant is a hate crime offender. This means that the defendant was convicted of a crime against a person, property rights, or public order, and the defendant intentionally selected a victim or the property that was the object of the crime because of hostility toward the protected characteristic of any person.
Section 706-661 describes extended terms of imprisonment. The maximum length of the extended term is an indeterminate 10-year term for a class C felony, an indeterminate 20-year term for a class B felony, an indeterminate life term for a class A felony, and life without the possibility of parole for second-degree murder.
Hawaii also has a more specific law involving desecrating places of worship. This may result in up to one year of imprisonment and a fine of up to $10,000.
Idaho Hate Crime Laws
Protected characteristics include race, color, religion, ancestry, and national origin.
Illinois Hate Crime Laws
Protected characteristics include race, color, creed, religion, ancestry, gender, sexual orientation (including gender-related identity), disability, citizenship, immigration status, and national origin.
720 Illinois Compiled Statutes Section 5/12-7.1 provides that a person commits a hate crime when they commit any of certain enumerated crimes due to the protected characteristic of a person, regardless of the existence of any other motivating factor. The enumerated crimes include assault, battery, aggravated assault, intimidation, stalking, cyberstalking, misdemeanor theft, criminal trespass to residence, vehicle, or real property, misdemeanor criminal damage to property, mob action, disorderly conduct, transmission of obscene messages, harassment by telephone, and harassment through electronic communications.
A first offense is generally a Class 4 felony, although it is a Class 3 felony when it is committed in or near certain places, such as religious structures, cemeteries, schools, public parks, and ethnic or religious community centers. A Class 4 felony may result in 1-3 years of imprisonment, as well as a fine between $75 and $25,000. A Class 3 felony may result in 2-5 years of imprisonment and a fine in the same range.
A related law, 730 Illinois Compiled Statutes Section 5/5-5-3.2 , provides that aggravating factors in sentencing include committing an offense based on another individual’s race, color, creed, religion, ancestry, gender, sexual orientation, disability, or national origin. (Note that this list is slightly different from the list of protected characteristics in the hate crime statute above.) The defendant must have committed the offense against the person or property of the person with the protected characteristic, a person associated with that person, or a relative of that person or a person associated with them.
Illinois also has more specific laws involving cross burning ( 720 Illinois Compiled Statutes Section 5/12-7.6 ) and institutional vandalism ( 720 Illinois Compiled Statutes Section 5/21-1.2 ), which applies to damaging a place of religious worship, a burial facility, or a school, educational facility, or community center because of the race, color, creed, religion, ancestry, gender, sexual orientation, disability, or national origin of another person or group. Cross burning is a Class A misdemeanor, while institutional vandalism is a Class 3 or Class 2 felony, depending on the scope of the damage. Illinois also has an offense called place of worship arson , which is a Class 1 felony.
Indiana Hate Crime Laws
Protected characteristics include color, creed, disability, national origin, race, religion, and sexual orientation, although the law extends much more broadly.
Indiana Code Section 35-38-1-7.1 lists various aggravating circumstances that a court may consider in determining the sentence to impose for a crime. One of these circumstances is that the person committed the offense with bias due to the victim’s real or perceived characteristic, trait, belief, practice, association, or other attribute that the court chooses to consider. These include (but are not limited to) attributes in Section 10-13-3-1 , which lists the protected characteristics above.
Indiana also has a more specific law involving damaging a structure used for religious worship. This may be charged as a misdemeanor or a felony, depending on the scope of the damage. The definition of arson , which is a felony, explicitly includes structures used for religious worship.
Iowa Hate Crime Laws
Protected characteristics include race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, and disability.
Iowa Code Section 729A.2 provides that a hate crime involves committing one of certain specified offenses when committed against a person or their property because of the person’s protected characteristic or association with a person with a certain protected characteristic. The specified offenses include violations of individual rights (as defined by Section 712.9 ), assault in violation of individual rights (as defined by Section 708.2C ), criminal mischief in violation of individual rights (as defined by Section 716.6A ), and trespass in violation of individual rights (as defined by two provisions of Section 716.8 ).
Violations of individual rights and criminal mischief in violation of individual rights are classified and punished as an offense one degree higher than the underlying offense. Assault in violation of individual rights is generally a serious misdemeanor. This may result in up to one year of imprisonment and a fine between $430 and $2,560. However, assault in violation of individual rights is an aggravated misdemeanor if the defendant caused bodily injury or mental illness, and it is a class D felony if the defendant had the intent to inflict a serious injury on someone else or used or displayed a dangerous weapon. An aggravated misdemeanor may result in imprisonment for up to two years and a fine between $855 and $8,540, while a class D felony generally may result in up to five years of imprisonment and a fine between $1,025 and $10,245.
Trespass in violation of individual rights takes two forms. Someone who knowingly trespasses on someone else’s property with the intent to commit a hate crime commits a serious misdemeanor, punishable as described above. Meanwhile, someone who commits a trespass with the intent to commit a hate crime that causes injuries or more than $300 of damage commits an aggravated misdemeanor, also punishable as described above.
Kansas Hate Crime Laws
Protected characteristics include race, color, religion, ethnicity, national origin, and sexual orientation.
Kansas Statutes Section 21-6815 provides a list of aggravating factors that may be considered in determining whether there are substantial and compelling reasons for a departure from the presumptive sentence provided by the sentencing guidelines. One of the aggravating factors is that the offense was motivated (at least in part) by a protected characteristic of the victim.
Kentucky Hate Crime Laws
Protected characteristics include race, color, religion, sexual orientation, and national origin, as well as employment as a peace officer, member of an organized fire department, or emergency medical services personnel.
Kentucky Revised Statutes Section 532.031 provides that a sentencing judge may find that a defendant has committed one of numerous specified offenses as a result of a hate crime if the defendant violated one of various criminal statutes intentionally because of someone else’s protected characteristic. The specified offenses include assault in the first through fourth degrees, menacing, first-degree wanton endangerment, first-degree and second-degree criminal abuse, first-degree unlawful imprisonment, rape in the first through third degrees, first-degree sexual abuse, first-degree criminal mischief, criminal use or possession of a noxious substance, arson in the first through third degrees, first-degree riot, unlawful assembly, second-degree disorderly conduct, harassment, and harassing communications.
If the judge finds by a preponderance of the evidence that a hate crime was a primary factor in the commission of the crime, the judge will make a written finding of this fact. This finding may be used by the sentencing judge as the sole factor in denying probation, shock probation, conditional discharge, or another alternative to incarceration. Moreover, the finding may be used by the parole board in delaying or denying parole to the defendant.
Kentucky also has more specific laws involving desecrating places of worship or religious symbols and institutional vandalism , which consists of vandalizing, defacing, damaging, or desecrating public monuments or objects, places of worship, or patriotic or religious symbols because of the race, color, religion, sexual orientation, or national origin of another person or group. Desecration is a Class A misdemeanor, while institutional vandalism is a Class D felony.
Louisiana Hate Crime Laws
Protected characteristics include race, age, gender, religion, color, creed, disability, sexual orientation, national origin, and ancestry, as well as membership, service, or employment in an organization or employment as a law enforcement officer, firefighter, or emergency medical services personnel.
Louisiana Revised Statutes Section 14:107.2 prohibits selecting the victim of any of numerous specified offenses against person and property based on a protected characteristic. The specified offenses include first-degree and second-degree murder, manslaughter, battery, aggravated and second-degree battery, aggravated assault with a firearm, terrorizing, menacing, mingling harmful substances, rape in the first through third degrees, sexual battery, second-degree and oral sexual battery, carnal knowledge of a juvenile and indecent behavior with juveniles, molestation of a juvenile or a person with a disability, simple, second-degree, and aggravated kidnapping, simple and aggravated arson, communicating false information of planned arson, simple and aggravated criminal damage to property, contamination of water supplies, simple and aggravated burglary, criminal trespass, simple, first-degree, and armed robbery, purse snatching, extortion, theft, desecration of graves, institutional vandalism, and assault by drive-by shooting.
If the underlying offense is a misdemeanor, the defendant may be imprisoned for up to six months and fined up to $500. If the underlying offense is a felony, the defendant may be imprisoned with or without hard labor for up to five years and fined up to $5,000. These sentences run consecutively to the sentence for the underlying offense.
Louisiana also has a more specific law involving vandalizing, defacing, or damaging a place of religious worship. This may be charged as a misdemeanor or felony, depending on the scope of the damage. Another law specifically prohibits simple arson of a religious building, which is a felony.
Maine Hate Crime Laws
Protected characteristics include race, color, religion, sex, ancestry, national origin, disability, sexual orientation, and gender identity.
5 Maine Revised Statutes Section 4684-A provides that a person has the right to engage in lawful activities without being subject to physical force or violence, damage or destruction of property, or trespass on property (or the threat of these actions) motivated by a protected characteristic. This statute refers to 17 Maine Revised Statutes Section 2931 , which provides that a person may not intentionally injure, intimidate, oppress, threaten, or interfere with another person in the free exercise or enjoyment of a legal right or privilege. A violation is a Class D crime, which may result in up to 364 days of imprisonment and a fine of up to $2,000.
A related law, 17-A Maine Revised Statutes Section 1501 , notes that a factor that may be taken into account in sentencing is the selection by the defendant of the victim or the property that was damaged or affected by the crime because of the protected characteristic of the victim. (Homelessness is also a protected characteristic under this law.)
Maine also has a more specific law involving desecrating a place of worship. This is a Class D crime.
Maryland Hate Crime Laws
Protected characteristics include race, color, religious beliefs, sexual orientation, gender, gender identity, disability, national origin, and homelessness.
Maryland Criminal Law Code Section 10-304 provides that a person must not commit a crime or attempt or threaten to commit a crime against a person or group when they are motivated (at least substantially) by a protected characteristic. It also prohibits defacing, damaging, or destroying property (or attempting or threatening to do this) of a person or group under the same circumstances, as well as burning or attempting or threatening to burn an object on the property of a person or group under the same circumstances.
A violation is generally a misdemeanor that may result in imprisonment for up to three years and a fine of up to $5,000. However, if a violation involves a separate crime that is a felony, the violation is a felony that may result in imprisonment for up to 10 years and a fine of up to $10,000. If a violation results in the death of a victim, the violation is a felony that may result in imprisonment for up to 20 years and a fine of up to $20,000. A conviction also may result in a requirement to complete an anti-bias education program.
Related statutes prohibit more specific types of hate crimes, such as:
These crimes are subject to the same penalties as an ordinary violation of Section 10-304.
Massachusetts Hate Crime Laws
Protected characteristics include race, color, religion, national origin, sexual orientation, gender identity, and disability.
Massachusetts General Laws Chapter 265 Section 39 prohibits committing an assault or battery on a person or damaging their property with the intent to intimidate them because of their protected characteristic. This may result in imprisonment for up to two and a half years, as well as a fine of up to $5,000 (plus a $100 surcharge) and restitution to the victim in an amount up to three times the value of any property damage. A defendant also must complete a diversity awareness program.
A battery that results in bodily injury under these circumstances may result in imprisonment for up to five years, as well as a fine of up to $10,000. Committing any offense under the statute while being armed with a firearm, rifle, shotgun, machine gun, or assault weapon may result in imprisonment for up to 10 years.
A related law, Chapter 265 Section 37 , prohibits using force or the threat of force to willfully injure, intimidate, oppress, threaten, or interfere with someone in exercising a right or privilege under federal or Massachusetts law. A conviction may result in imprisonment for up to one year (up to 10 years if a bodily injury results) and a fine of up to $1,000 (up to $10,000 if a bodily injury results).
Massachusetts has a more specific law involving destroying, defacing, or damaging a place of worship. This may be a misdemeanor or a felony, depending on the scope of the damage. Another specific law prohibits burning churches , which also may be a misdemeanor or a felony.
Michigan Hate Crime Laws
Protected characteristics under the main law include race, color, religion, gender, and national origin.
Michigan Compiled Laws Section 750.147b describes an offense called ethnic intimidation, which involves maliciously engaging in certain conduct with the specific intent to intimidate or harass someone else because of their protected characteristic. Underlying conduct includes causing physical contact with someone else, damaging, destroying, or defacing the property of someone else, or threatening to do any of these acts if there is reasonable cause to believe that one of these acts will occur. This is a felony that may result in imprisonment for up to two years, as well as a fine of up to $5,000.
Section 750.147c describes a similar offense called institutional desecration. This involves maliciously and intentionally destroying, damaging, defacing, or vandalizing (or making a true threat to do one of these things) any of numerous types of property because of the race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, ethnicity, or national origin of another person or group. (Note that this list of protected characteristics is broader than the list above.) Covered buildings include places of religious worship, cemeteries, schools, libraries, museums, community centers, businesses, and offices, among others. Penalties for this offense usually depend on the amount of the damage:
Prior convictions of a defendant also may affect sentencing for this offense.
Minnesota Hate Crime Laws
Protected characteristics include race (including hairstyles), color, ethnicity, religion, sex (including pregnancy), gender, sexual orientation, gender identity, gender expression, age, national origin (including ancestry), and disability.
Minnesota Statutes Section 609.2231 describes a type of fourth-degree assault known as assault motivated by bias. It prohibits assaulting another person at least substantially because of another person’s protected characteristic, or because of their association with another person or group with a certain protected characteristic. This offense may result in imprisonment for up to 364 days, as well as a fine of up to $3,000.
Section 609.2233 provides that a person who violates any of the statutes defining assault in the first through third degrees at least substantially because of someone’s protected characteristic, or because of the victim’s association with a person or group with a certain protected characteristic, is subject to a statutory maximum penalty of 25 percent longer than the maximum penalty that otherwise applies.
In addition, Section 609.595 describes second-degree and third-degree criminal damage to property, among other offenses. A defendant may be charged with either of these offenses for intentionally causing property damage at least substantially because of someone else’s protected characteristic or association with a person or group with a certain protected characteristic, or intentionally causing property damage when motivated at least substantially by an intent to intimidate or harm a person or group because of a protected characteristic. If the damage reduces the value of the property by $500 to $1,000, this is second-degree criminal damage to property, which is a felony that may result in imprisonment for up to one year and one day and a fine of up to $3,000. If the damage reduces the value of the property by less than $500, this is third-degree criminal damage to property, which is not a felony but may result in imprisonment for up to 364 days and a fine of up to $3,000.
Similarly, Section 609.749 provides that someone who commits one of the harassment crimes described in the statute may be subject to enhanced penalties if they committed the offense at least substantially because of someone else’s protected characteristic or because of the victim’s association with a person or group with a certain protected characteristic. This offense is a felony that may result in imprisonment for up to five years and a fine of up to $10,000. Under Section 609.748 , someone who violates a harassment-based restraining order because of a person’s race, color, religion, sex, sexual orientation, disability, age, or national origin is guilty of a felony and may be sentenced to imprisonment for up to five years and a fine of up to $10,000.
The Minnesota law defining fourth-degree arson , which is a gross misdemeanor, explicitly includes places of worship.
Mississippi Hate Crime Laws
Protected characteristics include race, color, ancestry, ethnicity, religion, national origin, and gender, as well as employment as a law enforcement officer, firefighter, or emergency medical technician.
Mississippi Code Section 99-19-301 provides that the penalty for any felony or misdemeanor will be subject to enhancement if the offense was committed because of the race, color, ancestry, ethnicity, religion, national origin, or gender of the victim, or with the specific intent to target an individual or group because of employment as a law enforcement officer, firefighter, or emergency medical technician. To impose an enhanced penalty, the jury must find beyond a reasonable doubt that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was in a protected class. It also must find beyond a reasonable doubt that the defendant committed the offense maliciously and with specific intent because the victim was in the protected class.
The penalty for the offense then may be enhanced by punishment for a term of imprisonment of up to twice the normal term authorized for the offense, or a fine of up to twice the normal amount authorized.
Mississippi also has a more specific law involving damaging or defacing churches. This may be a misdemeanor or a felony, depending on the scope of the damage. Another specific law describes a type of first-degree arson involving places of worship, which is a felony.
Missouri Hate Crime Laws
Protected characteristics include race, color, religion, national origin, sex, sexual orientation, and disability.
Missouri Revised Statutes Section 557.035 provides that certain offenses are considered class D felonies when they are knowingly motivated because of a protected characteristic of the victim. These include third-degree assault, first-degree harassment, certain types of first-degree property damage, and certain types of unlawful use of weapons. A conviction may result in up to seven years of imprisonment and a fine of up to $10,000.
Meanwhile, certain other offenses are considered class E felonies when they are knowingly motivated because of a protected characteristic of the victim. These include fourth-degree assault, certain types of second-degree tampering, certain types of second-degree property damage, first-degree trespass, and rioting. A conviction may result in up to four years of imprisonment and a fine of up to $10,000.
Missouri also has a more specific law against institutional vandalism , which includes vandalizing, defacing, or otherwise damaging a place of religious worship or a school, educational facility, community center, hospital, or medical clinic owned and operated by a religious or sectarian group. This may be a misdemeanor or a felony, depending on the scope of the damage.
Montana Hate Crime Laws
Protected characteristics include race, creed, religion, color, national origin, and involvement in civil rights or human rights activities.
Montana Code Section 45-5-221 prohibits malicious intimidation or harassment, which involves purposely or knowingly engaging in certain acts with the intent to terrify, intimidate, threaten, harass, annoy, or offend because of another person’s protected characteristic. The underlying acts include causing bodily injury to someone else, causing a reasonable apprehension of bodily injury in someone else, and damaging, destroying, or defacing the property of someone else or public property. A conviction may result in imprisonment for up to five years and a fine of up to $5,000.
In addition, Section 45-5-222 provides that a person who has been convicted of an offense other than malicious intimidation or harassment that was committed because of the victim’s protected characteristic, or an offense that involved damage, destruction, or attempted destruction of a place of religious worship, may be sentenced to 2-10 years of imprisonment in addition to the punishment for the underlying offense.
Montana also has a more specific law involving desecration of a place of worship. This may be a misdemeanor or a felony, depending on the scope of the damage.
Nebraska Hate Crime Laws
Protected characteristics include race, color, religion, ancestry, national origin, gender, sexual orientation, age, and disability.
Nevada Hate Crime Laws
Protected characteristics include race, color, religion, national origin, disability, sexual orientation, and gender identity or expression.
Nevada Revised Statutes Section 193.1675 provides that someone who willfully violates certain specified criminal statutes due to the protected characteristic of another person or group may be punished by imprisonment for 1-20 years in addition to the imprisonment imposed for the underlying offense. In deciding the length of any additional penalty, the court must consider the facts and circumstances of the crime, the criminal history of the defendant, the impact of the crime on any victim, and any mitigating factors presented by the defendant.
Underlying offenses include murder, voluntary manslaughter, mayhem, kidnapping, sexual assault, robbery, battery with intent to commit a crime, false imprisonment, involuntary servitude, human trafficking, certain types of assault, felony battery, child abuse or neglect, elder abuse or neglect, certain types of stalking, making threats involving terrorism, arson in the first through fourth degrees, burglary, home invasion, burglary with explosives, felony theft, grand larceny, grand larceny of a firearm, grand larceny of a motor vehicle, taking property from the person of someone else, killing someone else’s animal, felony defacing property, and coercion.
Section 193.1677 provides a similar rule for a crime committed because the victim is a first responder, although the list of underlying offenses is somewhat different. Section 193.1678 provides a similar rule for committing a crime because the victim is the spouse or child of a first responder. A third list of underlying offenses applies.
New Hampshire Hate Crime Laws
Protected characteristics include religion, race, creed, sexual orientation, national origin, sex, and gender identity.
New Hampshire Revised Statutes Section 651:6 provides for an extended term of imprisonment when a defendant was substantially motivated to commit the crime because of hostility toward the victim’s protected characteristic. An extended term of imprisonment for most felonies is 10-30 years. For a misdemeanor, it is 2-5 years. An extended term for manslaughter is 20-40 years, while an extended term for murder is life imprisonment.
New Jersey Hate Crime Laws
Protected characteristics include race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, and ethnicity.
If the underlying offense is a disorderly persons offense or a petty disorderly persons offense, bias intimidation is a fourth-degree crime. Otherwise, it is a crime one degree higher than the most serious underlying crime, unless the underlying crime is a first-degree crime. In that case, bias intimidation is a first-degree crime that may result in an ordinary term of imprisonment of 15-30 years, with a presumptive term of 20 years.
New Mexico Hate Crime Laws
Protected characteristics include race, religion, color, national origin, ancestry, age (60 or older), handicapped status, gender, sexual orientation, and gender identity.
New Mexico Statutes Section 31-18B-3 provides that the basic sentence of imprisonment prescribed under Section 31-18-15 may be increased by one year when a separate finding of fact by the court or jury shows beyond a reasonable doubt that an offender committed a non-capital felony motivated by hate. (“Motivated by hate” means that the crime was committed with the intent to commit the crime because of a protected characteristic of the victim.) If a finding was entered in a previous case that the defendant was convicted for committing a crime that was motivated by hate, and if a separate finding of fact shows beyond a reasonable doubt that the defendant committed a non-capital felony that was motivated by hate in this case, the basic sentence of imprisonment may be increased by two years.
When a petty misdemeanor or misdemeanor is motivated by hate, the basic sentence of imprisonment under Section 31-19-1 may include an alternative sentence that requires community service, treatment, or education.
New Mexico also has a more specific law involving desecration of a church. This may be a misdemeanor or a fourth-degree felony, depending on the scope of the damage.
New York Hate Crime Laws
Protected characteristics include race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age (60 or older), disability, and sexual orientation.
New York Penal Law Section 485.05 provides that a person commits a hate crime when they commit an offense specified in the statute and intentionally select the victim at least substantially because of a belief or perception regarding a protected characteristic. A hate crime also occurs when a defendant intentionally commits the acts constituting the offense at least substantially because of a belief or perception regarding a protected characteristic of a person. The statute provides a very long list of “specified offenses.”
When the specified offense is a misdemeanor or a class C, D, or E felony, the hate crime is generally considered one category higher than the specified offense. When the specified offense is a class B felony, the maximum term of the indeterminate sentence must be at least six years if the defendant is sentenced under the standard felony sentencing statute. The term of the determinate sentence must be at least eight years if the defendant is sentenced under the violent felony sentencing statute, and at least 12 years if the defendant is sentenced under the repeat violent felony sentencing statute. The maximum term of the indeterminate sentence must be at least four years if the defendant is sentenced under the juvenile offender sentencing statute. The maximum term of the indeterminate sentence or the term of the determinate sentence must be at least 10 years if the defendant is sentenced under the repeat felony sentencing statute.
When the specified offense is a class A-1 felony, the minimum period of the indeterminate sentence must be at least 20 years.
A related law, Section 240.30 , describes a form of second-degree aggravated harassment that involves a belief or perception regarding a victim’s protected characteristic. This crime consists of subjecting another person to physical contact, such as striking, shoving, or kicking, with the intent to harass, annoy, threaten, or alarm them. A violation is a class A misdemeanor, which may result in up to 364 days of imprisonment and a fine of up to $1,000.
New York also has a more specific law involving swastikas, nooses, cross burning, and damaging religious property ( Section 240.31 ), which is a class E felony, as well as misdemeanor and felony offenses involving criminal interference with religious worship.
North Carolina Hate Crime Laws
Protected characteristics include race, color, religion, nationality, and country of origin.
North Carolina General Statutes Section 14-3 provides that a defendant is guilty of a Class 1 misdemeanor if they commit a Class 2 or 3 misdemeanor because of the victim’s protected characteristic. A Class 1 misdemeanor may result in 1-120 days and a fine at the discretion of the court. A defendant is guilty of a Class H felony if they commit a Class A1 or Class 1 misdemeanor because of the victim’s protected characteristic. A Class H felony may result in 5-20 months (presumptive sentence) and a fine at the discretion of the court.
In addition, Section 14-401.14 provides that a person is guilty of a Class 1 misdemeanor if they assault another person, damage or deface their property, or threaten to do either of these acts because of a protected characteristic.
North Carolina also has more specific laws involving the use of an explosive or incendiary to damage a building of worship, burning churches and certain other religious buildings, and destroying, defacing, or damaging churches. Using an explosive or incendiary or burning a religious building is a Class E felony, while destroying, defacing, or damaging a church may be a Class 2 misdemeanor or a Class I felony, depending on the scope of the damage.
North Dakota Hate Crime Laws
Protected characteristics under a relatively narrow law include sex, race, color, religion, and national origin.
A related law makes it a class B misdemeanor to use force, threat of force, or economic coercion to intentionally injure, intimidate, or interfere with someone else because they are exercising, have exercised, or are about to exercise their civil rights.
Ohio Hate Crime Laws
Protected characteristics include race, color, religion, and national origin.
Oklahoma Hate Crime Laws
Protected characteristics include race, color, religion, ancestry, national origin, and disability.
The statute also prohibits making or transmitting a telephonic, computerized, or electronic message maliciously and with the specific intent to incite or produce imminent violence directed against someone else because of their protected characteristic. (The message also must be likely to incite or produce imminent violence.) Similarly, it prohibits broadcasting, publishing, or distributing any message or material maliciously and with the specific intent to incite or produce imminent violence directed against another person because of their protected characteristic. (Again, the message or material must be likely to incite or produce imminent violence.)
A violation of this statute is a misdemeanor that may result in imprisonment for up to one year and a fine of up to $1,000.
Oregon Hate Crime Laws
Protected characteristics include race, color, religion, gender identity, sexual orientation, disability, and national origin.
Oregon Revised Statutes Section 166.165 describes bias crimes in the first degree. These involve:
A violation is a Class C felony. This may result in up to five years of imprisonment and a fine of up to $125,000.
Section 166.155 describes bias crimes in the second degree. These involve:
A violation is a Class A misdemeanor. This may result in up to 364 days of imprisonment and a fine of up to $6,250.
Oregon also has a more specific law involving defacing or damaging a place of worship. This is a Class C misdemeanor. The statute describing first-degree arson , which is a Class A felony, covers damage to “protected property.” This includes churches and other places where people congregate for religious purposes.
Pennsylvania Hate Crime Laws
Protected characteristics include race, color, religion, and national origin.
18 Pennsylvania Consolidated Statutes Section 2710 describes the offense of ethnic intimidation. This involves committing certain specified offenses with malicious intention toward the protected characteristic of another person or group. Specified offenses include criminal homicide, crimes against an unborn child, assault, hazing, kidnapping, human trafficking, sex offenses, and abortion, as well as various offenses related to arson, criminal mischief, property destruction, and criminal trespass.
A violation is a third-degree misdemeanor if the underlying offense is a summary offense. A third-degree misdemeanor may result in up to 90 days of imprisonment and a fine between $250 and $5,000. Otherwise, a violation is classified one degree higher than the classification of the underlying offense.
Pennsylvania also has more specific laws involving desecrating a place of worship and institutional vandalism , which includes desecrating, vandalizing, defacing, or otherwise damaging a place of religious worship. Desecration is a second-degree misdemeanor, while institutional vandalism may be a second-degree misdemeanor or a third-degree felony.
Rhode Island Hate Crime Laws
Protected characteristics include disability, religion, color, race, national origin or ancestry, sexual orientation, and gender.
Rhode Island General Laws Section 12-19-38 provides for enhanced penalties when a defendant is convicted of a crime in which they intentionally selected the person against whom the offense is committed or selected the property that is damaged or affected because of the defendant’s hatred or animus toward the protected characteristic of the victim. If a misdemeanor was motivated by hatred or animus, the defendant will be sentenced to at least 30 days of mandatory imprisonment, but no more than one year of imprisonment. For a felony, a defendant will be sentenced to an additional, consecutive term of imprisonment of 1-5 years, but no more than double the original penalty for the underlying offense.
Rhode Island also has a more specific law involving damaging or defacing a place of religious worship. A violation is a felony.
South Carolina Hate Crime Laws
South Carolina does not have a general hate crime law.
The legislature recently considered passing a law that would impose additional penalties for certain offenses when the defendant targeted a victim because of their perceived race, color, creed, religion, gender, age, national origin, ancestry, sexual orientation, or disability. However, this effort did not succeed.
South Carolina has some more specific laws involving conspiracy against civil rights , cross burning , maliciously injuring a place of worship, and arson against a place of worship. Cross burning is a misdemeanor, while the other offenses are felonies.
South Dakota Hate Crime Laws
Protected characteristics include race, ethnicity, religion, ancestry, and national origin.
South Dakota Codified Laws Section 22-19B-1 prohibits engaging in certain acts maliciously and with the specific intent to intimidate or harass a person or group because of a protected characteristic. These acts include causing physical injury to another person, defacing the property of another person, damaging or destroying the property of another person, or threatening to do any of these acts if there is reasonable cause to believe that any of the acts will occur. A violation is a Class 6 felony, which may result in up to two years of imprisonment and a fine of up to $4,000.
South Dakota also has more specific laws that prohibit preventing or compelling the practice of religion. These offenses are Class 1 misdemeanors.
Tennessee Hate Crime Laws
Protected characteristics include race, religion, color, disability, sexual orientation, national origin, ancestry, and gender.
Tennessee Code Section 40-35-114 provides for a sentencing enhancement when the defendant intentionally selected the person against whom the crime was committed or the property that was damaged or affected by the crime at least partly because of a belief or perception regarding a protected characteristic of the victim. (For certain violent offenses, intentionally selecting the victim at least partly because of their status as a law enforcement officer or member of the armed forces or national guard also is an enhancement factor.) A court must consider this circumstance as an advisory factor in determining whether to enhance the sentence, but it is not required to enhance the sentence on this basis.
A related law, Section 39-17-309 , provides that every person has a right to be protected from fear, intimidation, harassment, and bodily injury, regardless of race, color, ancestry, religion, or national origin. This statute creates an offense of intimidating others from exercising civil rights. This involves injuring, threatening to injure, or coercing someone else (or damaging, destroying, or defacing their property) with the intent to unlawfully intimidate a person from exercising a right or privilege under Tennessee law. It also involves injuring, threatening to injure, or coercing someone else (or damaging, destroying, or defacing their property) with the intent to unlawfully intimidate a person because they exercised a right or privilege under federal or Tennessee law. A violation of this law is a Class D felony, which may result in 2-12 years of imprisonment and a fine of up to $5,000.
Tennessee also has more specific laws involving arson of a place of worship and desecrating a place of worship. Arson of a place of worship is a Class B felony, while desecration is a Class E felony.
Texas Hate Crime Laws
Protected characteristics include race, color, disability, religion, national origin or ancestry, age, gender, and sexual preference, as well as status as a peace officer or judge.
Texas Code of Criminal Procedure Article 42.014 provides that a judge overseeing the trial of any of certain specified offenses must make an affirmative finding of fact if the judge or jury determines beyond a reasonable doubt that the defendant intentionally selected the person against whom the offense was committed or the property that was damaged or affected because of the defendant’s bias or prejudice against a group identified by a protected characteristic. The specified offenses include all offenses against the person (such as homicide, kidnapping, human trafficking, sex offenses, and assault), arson, criminal mischief, graffiti, and false report to induce an emergency response.
This triggers Penal Code Section 12.47 , which provides that the punishment for the underlying offense in this situation is generally increased to the punishment prescribed for the next-highest category of offense. If the offense is a Class A misdemeanor, however, the minimum term of confinement is increased to 180 days. (First-degree felonies are not enhanced.)
Texas also has a more specific law involving graffiti at a place of worship. This may be a misdemeanor or a felony, depending on the scope of the damage. The arson statute makes this offense a first-degree felony if the target property was a place of worship.
Utah Hate Crime Laws
Protected characteristics include age, ancestry, disability, ethnicity, familial status, gender identity, homelessness, marital status, matriculation, national origin, political expression, race, religion, sex, sexual orientation, and military service, as well as status as an emergency responder, law enforcement officer, correctional officer, special function officer, or other peace officer.
Utah Code Section 76-3-203.14 makes a defendant subject to enhanced penalties if they intentionally selected the victim or the property damaged or affected by the offense because of a belief or perception regarding a protected characteristic of the victim or a protected characteristic of a person or group with whom the victim has a relationship. Penalties will be enhanced in the following manner:
A related law, Section 76-3-203.3 , provides an enhancement for certain misdemeanors when a civil rights violation is involved. However, the statute does not contain a list of protected characteristics. A civil rights violation involves committing one of the offenses specified in the statute with the intent to intimidate or terrorize another person, or with reason to believe that the defendant’s action would intimidate or terrorize the person. “Intimidating or terrorizing” means that the defendant caused the victim to fear for their safety or damaged the property of the victim or someone else, with the intent or effect of causing the victim to reasonably fear to exercise a right under federal or Utah law. Specified offenses include misdemeanors involving assault, property destruction, criminal trespass, theft, obstructing government operations, breach of the peace, telephone abuse, cruelty to animals, and certain weapons offenses, among others.
Under this law, a class C misdemeanor is upgraded to a class B misdemeanor, while a class B misdemeanor is upgraded to a class A misdemeanor.
Section 76-3-203.4 requires a sentencing judge to consider as an aggravating factor any public harm resulting from an offense. This includes the degree to which the offense is likely to incite community unrest or cause members of the community to reasonably fear for their safety or fear to exercise any right under federal or Utah law.
Vermont Hate Crime Laws
Protected characteristics include race, color, religion, national origin, sex, ancestry, age, military service, disability, sexual orientation, and gender identity.
Virginia Hate Crime Laws
Protected characteristics include race, religious conviction, gender, disability, gender identity, sexual orientation, color, and national origin.
Code of Virginia Section 18.2-57 provides enhancements for hate crimes that take the form of assault and battery offenses. If a person intentionally selects the victim of a simple assault because of a protected characteristic, the penalty must include at least six months of confinement. Meanwhile, if a person intentionally selects the victim of an assault and battery resulting in bodily injury because of their protected characteristic, this is a Class 6 felony, and the penalty will include at least six months of confinement.
Virginia also has more specific laws involving injuring places of worship and breaking a window or door or destroying property in a house of public worship, as well as burning a cross or other objects , placing a swastika on certain property, or displaying a noose with the intent to intimidate. Injuring a place of worship or breaking a window or door or destroying property in a house of public worship may be a Class 1 misdemeanor or a Class 6 felony, while the remaining offenses are Class 6 felonies.
Washington Hate Crime Laws
Protected characteristics include race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, and disability.
Revised Code of Washington Section 9A.36.080 provides that a person is guilty of a hate crime if they maliciously and intentionally commit any of certain acts because of their perception of the victim’s protected characteristic:
A violation of the statute is a class C felony. A conviction may result in up to five years of imprisonment and a fine of up to $10,000.
Washington also has a more specific law involving threatening to bomb or otherwise damage a place of worship. A violation is a class B felony.
Washington, D.C. Hate Crime Laws
Protected characteristics include race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibility, homelessness, disability, matriculation, and political affiliation.
District of Columbia Code Section 22-3701 defines a bias-related crime as a designated act that demonstrates the defendant’s prejudice based on the protected characteristic of a victim. (However, it notes that the act does not need to be solely based on prejudice.) The statute includes numerous crimes within the scope of a “designated act,” such as arson, assault, burglary, injury to property, kidnapping, manslaughter, murder, rape, robbery, theft, and unlawful entry.
Section 22-3703 provides that a defendant found guilty of a bias-related crime will be fined up to one and a half times the maximum fine authorized for the underlying crime and imprisoned for up to one and a half times the maximum term authorized for the underlying crime.
Washington, D.C. also has a more specific law involving defacing religious symbols or displaying a swastika, noose, or burning cross. A violation is a misdemeanor. The statute defining arson , which is a felony, explicitly refers to churches.
West Virginia Hate Crime Laws
Protected characteristics include race, color, religion, ancestry, national origin, political affiliation, and sex.
West Virginia Code Section 61-6-21 provides that the fact that a person committed a felony or misdemeanor because of the victim’s protected characteristic is considered an aggravating circumstance in imposing a sentence. Moreover, it is a felony to willfully injure, intimidate, interfere with, oppress, or threaten another person by force or threat of force in exercising a right or privilege protected by federal or West Virginia law because of the other person’s protected characteristic. A conviction may result in up to 10 years of imprisonment and a fine of up to $5,000.
Wisconsin Hate Crime Laws
Protected characteristics include race, religion, color, disability, sexual orientation, national origin, and ancestry.
If the underlying crime is a misdemeanor other than a Class A misdemeanor, the defendant may face up to one year in jail and a fine of up to $10,000. If the underlying crime is a Class A misdemeanor, the crime will be upgraded to a felony, and the defendant may face up to two years of imprisonment and a fine of up to $10,000. If the underlying crime is a felony, the maximum term of imprisonment may be increased by up to five years, while the maximum fine may be increased by up to $5,000.
Wyoming Hate Crime Laws
Wyoming arguably does not have a hate crime law.
Wyoming Statutes Section 6-9-102 makes it a misdemeanor to deny anyone the right to life, liberty, pursuit of happiness, or the necessities of life because of their race, color, sex, creed, or national origin. A violation may result in imprisonment for up to six months and a fine of up to $750. However, this is generally not considered a true hate crime law. Several cities in Wyoming have enacted hate crime ordinances.
Last reviewed May 2024
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