What Are Federal Hate Crime Laws?

This post cannot cover all aspects of federal hate crime laws, and it is not intended or offered as legal advice. If you have questions or require more information about such laws, a criminal defense law firm can help to provide you with answers.

In an earlier post we discussed the state of New Jersey’s version of what are known as “hate crime” laws, specifically the state’s bias intimidation laws. The federal government has its own set of hate crime laws which may apply to crimes against persons. These laws may take effect in addition to or separate from any state-level criminal prosecution.

Perhaps the most significant distinction between New Jersey and federal hate crime laws is that while New Jersey law targets intimidation of people based on identifiable characteristics such as race, gender, sexual orientation or religion, the federal laws are directed at acts of physical violence resulting in injury or death and which are committed with the intent to victimize another based upon the following

• religion
• national origin
• gender, gender identity or sexual orientation
• disability

Additional and noteworthy aspects of the federal hate crime laws include:

• They require more than simple physical aggression. Simply beating someone with one’s fists does not appear to trigger federal hate law jurisdiction even if the assault was motivated by one of the criteria above. The law makes specific reference to the use of fire, firearms, explosive or incendiary devices, or other dangerous weapons.

• There is a requirement for some interstate connection with either the perpetrator or the victim traveling across state lines or the use of some means of interstate or foreign commerce by the perpetrator

Conviction under federal hate crime laws can result in fines and up to 10 years imprisonment if the victim is injured or up to life in prison if the crime involves death, kidnapping, aggravated sexual abuse or attempted murder.

This post cannot cover all aspects of federal hate crime laws, and it is not intended or offered as legal advice. If you have questions or require more information about such laws, a criminal defense law firm can help to provide you with answers.