State Laws

Forty Five states and the District of Columbia have statutes criminalizing various types of bias-motivated violence or intimidation (the exceptions are Arkansas, Georgia, Indiana, South Carolina, and Wyoming).? Each of these statutes cover bias on the basis of race, religion, and ethnicity; 32 of them cover sexual orientation; 32 cover disability; 28 cover gender; 13 cover age; 11 cover transgender/gender-identity; 5 cover political affiliation.

Thirty one states and the District of Columbia have statutes creating a civil cause of action, in addition to the criminal penalty, for similar acts.

Twenty seven states and the District of Columbia have statutes requiring the state to collect hate crime statistics; 16 of these cover sexual orientation.

Statutory Provisions Included In Hate Crime Legislations in Various States

The statutory provisions included in the hate crime legislations in the various states are as follows-[i]

State Statutory provisions included in hate crime legislation
Alabama Bias-motivated violence and intimidationCriminal penalties as a result of hate crimesRace, religion and ethnicity”Other” including mental and physical disability or handicap

Institutional vandalism [ii]

?Alaska Bias-motivated violence and intimidationCriminal penalties as a result of hate crimesRace, religion and ethnicityGender

Other

Arizona? Bias-motivated violence and intimidationCriminal penalties as a result of hate crimesRace, religion and ethnicityInterference with religious worship

Sexual Orientation

Gender

Other

“Other” includes mental and physical disability or handicap

Institutional vandalism

Data collection

Training for Law Enforcement Personnel

?

Arkansas? Civil action as a result of hate crimesInstitutional vandalism
California? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Interference with religious worship

Sexual Orientation

Gender

Other

“Other” includes mental and physical disability or handicap

Institutional vandalism

Data collection

Training for Law Enforcement Personnel

?

Colorado? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Institutional vandalism

Institutional vandalism statutes, although not necessarily anti-bias, increase criminal penalties for vandalism aimed at houses of worship, cemeteries, schools and community centers.

?

Connecticut? ?Bias-motivated violence and intimidation?Civil action as a result of hate crimes?Criminal penalties as a result of hate crimes?Race, religion and ethnicity

?Sexual Orientation

?Institutional vandalism

?Data collection

?

Delaware? Bias-motivated violence and intimidationCriminal penalties as a result of hate crimesRace, religion and ethnicitySexual Orientation

Other

“Other” includes mental and physical disability or handicap?? Institutional vandalism

?

D.C. Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Interference with religious worship

Sexual Orientation

Gender

Other

“Other” includes mental and physical disability or handicap, political

? affiliation and age

Institutional vandalism

Data collection

?

Florida? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Interference with religious worship

Sexual Orientation

Institutional vandalism

Data collection

?

Georgia? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesInstitutional vandalism

?

Hawaii? Institutional vandalism
Idaho? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Interference with religious worship

Data collection

?

Illinois? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Sexual Orientation

Gender

Other

“Other” includes mental and physical disability or handicap

?Institutional vandalism

?Data collection

Training for Law Enforcement Personnel

?

Indiana? Institutional vandalism
Iowa? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Sexual Orientation

Gender

Other

“Other” includes mental and physical disability or handicap,

?? political affiliation, and age

Data collection

Training for Law Enforcement Personnel

?

Kansas? Institutional vandalism
Kentucky? Institutional vandalismData collectionTraining for Law Enforcement Personnel
Louisiana? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Sexual Orientation

Gender

Other

“Other” includes mental and physical disability or handicap,

?? political affiliation, and age

Institutional vandalism

Data collection

Training for Law Enforcement Personnel

Maine Bias-motivated violence and intimidationCriminal penalties as a result of hate crimesRace, religion and ethnicitySexual Orientation

Gender

Other

“Other” includes mental and physical disability or handicap

Institutional vandalism

Data collection

Maryland? Bias-motivated violence and intimidationCriminal penalties as a result of hate crimesRace, religion and ethnicityInterference with religious worship

Institutional vandalism

Data collection

Massachusetts? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Interference with religious worship

Sexual Orientation

Other

“Other” includes mental and physical disability or handicap

Institutional vandalism

Data collection

Training for Law Enforcement Personnel

Michigan? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Interference with religious worship

Gender

?

Minnesota? Bias-motivated violence and intimidationCriminal penalties as a result of hate crimesRace, religion and ethnicityInterference with religious worship

Sexual Orientation

Gender

Other

“Other” includes mental and physical disability or handicap

Institutional vandalism

Data collection

Training for Law Enforcement Personnel

Mississippi? Bias-motivated violence and intimidationCriminal penalties as a result of hate crimesRace, religion and ethnicityInterference with religious worship

Gender

Institutional vandalism

?

Missouri? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Interference with religious worship

Institutional vandalism

Montana? Bias-motivated violence and intimidationCriminal penalties as a result of hate crimesRace, religion and ethnicityInstitutional vandalism
Nebraska? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Sexual Orientation

Gender

Other

“Other” includes mental and physical disability or handicap

Data collection

?

Nevada? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Interference with religious worship

Sexual Orientation

Other

“Other” includes mental and physical disability or handicap

Institutional vandalism

Data collection

New Hampshire? Bias-motivated violence and intimidationCriminal penalties as a result of hate crimesRace, religion and ethnicitySexual Orientation

Gender

Other

“Other” includes mental and physical disability or handicap

Institutional vandalism

Data collection

Training for Law Enforcement Personnel

New Jersey? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Sexual Orientation

Gender

Other

“Other” includes mental and physical disability or handicap

Institutional vandalism

Data collection

?

New Mexico? Interference with religious worshipInstitutional vandalism??
New York? Bias-motivated violence and intimidation[iii]Criminal penalties as a result of hate crimesRace, religion and ethnicityInterference with religious worship

Gender

Other

“Other” includes mental and physical disability or handicap

North Carolina? Bias-motivated violence and intimidationCriminal penalties as a result of hate crimesRace, religion and ethnicityInterference with religious worship

Institutional vandalism

?

North Dakota? Bias-motivated violence and intimidationCriminal penalties as a result of hate crimesRace, religion and ethnicityGender

Institutional vandalism

Ohio? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Institutional vandalism

?

Oklahoma? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Interference with religious worship

Other

“Other” includes mental and physical disability or handicap

Institutional vandalism

Data collection

?

Oregon? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Sexual Orientation

Institutional vandalism

Data collection

Training for Law Enforcement Personnel

Pennsylvania? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Institutional vandalism

Data collection

?

Rhode Island? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Interference with religious worship

Sexual Orientation

Gender

Other

“Other” includes mental and physical disability or handicap

Institutional vandalism

Data collection

Training for Law Enforcement Personnel

?

South Carolina? Interference with religious worshipInstitutional vandalism
South Dakota? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Interference with religious worship

Tennessee? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Interference with religious worship

Institutional vandalism

Texas? Bias-motivated violence and intimidation[iv]Criminal penalties as a result of hate crimesInstitutional vandalismData collection
Utah? Bias-motivated violence and intimidation[v]Civil action as a result of hate crimesCriminal penalties as a result of hate crimes?
Vermont? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Sexual Orientation

Gender

Other

“Other” includes mental and physical disability or handicap and

? age

?

Virginia? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Interference with religious worship

Institutional vandalism

Data collection

Washington? ?Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Sexual Orientation

Gender

Other

“Other” includes mental and physical disability or handicap

Institutional vandalism

Data collection

Training for Law Enforcement Personnel

?

West Virginia? Bias-motivated violence and intimidationCriminal penalties as a result of hate crimesRace, religion and ethnicityInterference with religious worship

Gender

Other

“Other” includes mental and physical disability or handicap and

?political affiliation

?

Wisconsin? Bias-motivated violence and intimidationCivil action as a result of hate crimesCriminal penalties as a result of hate crimesRace, religion and ethnicity

Sexual Orientation

Other

“Other” includes mental and physical disability or handicap

Institutional vandalism

?

Wyoming? None

?

?

?


[i] Source: The Anti-Defamation League

http://msnbc.com/modules/HateCrimes_SBS/Stateframe.asp

[ii] Institutional vandalism statutes, although not necessarily anti-bias, increase criminal penalties for vandalism aimed at houses of worship, cemeteries, schools and community centers.

[iii] New York State law provides penalty enhancement limited to the crime of aggravated harassment.

[iv] The Texas Statute refers to victims selected “because of the defendant’s bias or prejudice against a person or group.”

[v] The Utah Statute ties penalties for hate crimes to violations of the victim’s constitutional or civil rights.


Inside State Laws