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.