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.
