What constitutes a hate crime?

It was surprising to verify in another thread that some people don't even know what a "hate crime" can be. This is meant to be helpful because ignoring this can get people in a lot of trouble. Here are some pointers:

Hate crime is when someone attacks another person verbally, via mail or email, or perhaps physically, and the crime is driven by the attacker's prejudice against a particular group of people. While more hate crime is verbal than physical, that does not mean it's not serious, or very upsetting for the person being harassed.

The important thing with hate crime is that it's down to the attacker's perception of the other person. For example, John writes Paul a nasty email because he thinks Paul is gay. Even if Paul is not actually gay, John was still attacking him because John thought he was. That is still a homophobic hate crime, because of the motivation of the attacker.

The two most common forms of hate crime are racism and homophobia.


Racism: When a person commits a crime against someone because of the colour of their skin, their ethnic background, their accent or use of a foreign language, that is racism - a hate crime.

Homophobia: When someone is victimised because of their sexuality, because they are, or the attacker thinks they are gay, lesbian, bisexual or transsexual, that is hate crime.

Other kinds of hate crime: Violence or harassment against people because of their religion, refugee or asylum seeker status or disability is also hate crime. Domestic violence can also be considered by the police to be a hate crime, but is treated separately.

hate crimes
It is important that we all stand up against racism, hatred, and violence. While we make it clear that these crimes, fueled by ignorance and hatred, will not be tolerated, we must also examine the unintentional and unconscious ways in which good and well-meaning people contribute to a society where racism thrives.

Hate crimes are just that---crimes!

A hate crime is a crime committed against a person or property which is motivated by an individual's dislike of a race, religion, ethnic/national origin, group, or sexual orientation. While more hate crime is verbal than physical, that does not mean it's not serious, or very upsetting for the person being harassed.

Hate crimes need to be reported to law enforcement. If it has happened to you, it has probably happened to others. The only way to stop hate crimes is to report them

Examples of hate crimes include:

•Graffiti
•Arson
•Theft
•Physical or Verbal Assault
•Intimidation
•Ritualistic Abuse
•Sex Crimes

[QUOSkip to comments.

Hate Crime Charge Filed over Verbal Assault against Pro-Lifers (BAD LANGUAGE ALERT BUT MUST SEE!)
Life Site News ^ | 04/03/09

Posted on Monday, April 06, 2009 12:54:18 AM by LifeComesFirst

CHICAGO, April 3, 2009 (LifeSiteNews.com) - On Friday, April 3, 2009, The Thomas More Society filed a Hate Crime charge in an Amended Federal Civil Complaint against an abortion clinic proprietor and ally in Rockford, Illinois as part of an ongoing court battle.

On March 29, 2008, Rockford resident Keith A. Sterkeson verbally attacked pro-life advocates Eric Nelson and Kevin Rilott outside a Rockford abortion facility, saying to Nelson, in part, "A N..., a N.... You are a worthless degenerate N.... Oh, you are a N...! You are a degenerate and empty skull, thinking Jesus is going to save you. You're a N.... Your mother was a N..." (To view the verbal assault, follow this link: http://video.google.com/videoplay?do...54372894347704)

http://www.myattorneysonline.com/Cri...te_Crimes.aspx

Is it a hate crime, to hate crime?

well that just ruined all my drunkin fun for tonite

Depends on what you want an opinion on. What we believe is a hate crime or what legally is a hate crime? The answer is different for both and not the same for all.

See we live all over the world here and laws are different everywhere.

My personal opinion is you are interchanging both hate speech and hate crime. While there are the some that see no difference between the two, many do. Despite if I think both suck, legally one is protected and one is not in the United States.

For instance you forgot to mention in your example of Keith Sterkeson that he threatened and then attacked the person while using those words. Hence a crime while using such speech has been determined a hate crime.
Two crimes were committed in addition the language which goes to motive of the crime.

The act of speech alone isn't a crime in this country. Well it can be if it is determined to be harassment. First you have to meet the definition of harassment.

Just because some believe all derogatory comments are a crime doesn't make it so.

"Sterkeson’s uttering such hateful speech against racial minorities, while he was perpetrating violent crimes is precisely what Illinois has condemned as ‘hate crime.’"

Each state has different statues but to use the one from your post regarding Illinois.

According to the Illinois Hate Crime statute, someone commits a hate crime when they commit assault or battery motivated by race, religion, ancestry, gender, and sexual orientation. A Hate Crime is a class 4 Felony for a first offense and up to a class 2 Felony for subsequent offense. The victim of the attack is entitled a civil action for damages, injunction and related relief. The Illinois State Court can award actual damages for both emotional distress and punitive damages.

The federal statue on Hate crime is (Taken from US legal not the statue for quick reference)

The current federal law regarding hate crimes deals with crimes where the offender is motivated by bias against a race, religion, disability, sexual orientatio, or ethnicity/national originn and only applies if the crime happens when a person is attending a public school or is at work or participating in one of four other "federally protected activities."

Individual State statues are different.

In all cases of Hate Crime that I can find that was successfully prosecuted, a crime took place first. The motive of that crime had to be proven that it was driven by racial/prejudicial reasons to add the charge of hate crime.

If I'm wrong, I hope someone will please point it out.

Santa Barbara Police Department

Hate Crimes Defined
338.1 PURPOSE AND SCOPE
This Department recognizes and places a high priority on the rights of all individuals guaranteed under the Constitution and the laws of this state. When such rights are infringed upon by violence, threats or other harassment, this Department will utilize all available resources to see that justice is served under the law. This policy has been developed to meet or exceed the provisions of Penal Code § 13519.6(c) and provides members of this Department with guidelines for identifying and investigating incidents and crimes that may be motivated by hatred or other bias.

338.2 DEFINITIONS
Hate Crimes Penal Code § 422.55(a) defines a hate crime as either a violation of Penal Code § 422.6 or a criminal act committed in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:
(a) Disability
(b) Gender
(c) Nationality
(d) Race or ethnicity
(e) Religion
(f) Sexual orientation
(g) Association with a person or group with one or more of these actual or perceived characteristics

Correct. The same as I'm stating.

Hate Crimes Defined
338.1 PURPOSE AND SCOPE
This Department recognizes and places a high priority on the rights of all individuals guaranteed under the Constitution and the laws of this state. When such rights are infringed upon by violence, threats or other harassment, this Department will utilize all available resources to see that justice is served under the law. This policy has been developed to meet or exceed the provisions of Penal Code § 13519.6(c) and provides members of this Department with guidelines for identifying and investigating incidents and crimes that may be motivated by hatred or other bias.

338.2 DEFINITIONS
Hate Crimes Penal Code § 422.55(a) defines a hate crime as either a violation of Penal Code § 422.6 or a criminal act committed in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:
(a) Disability
(b) Gender
(c) Nationality
(d) Race or ethnicity
(e) Religion
(f) Sexual orientation
(g) Association with a person or group with one or more of these actual or perceived characteristics

U.S. Department of Justice; U.S. Dept. of Education

INVESTIGATING HATE CRIMES ON THE INTERNET

http://www.partnersagainsthate.org/p...igating_hc.pdf

Computer Crime / Cyber Crime
.by OREA Technologies Sdn Bhd on Monday, May 3, 2010 at 9:41pm.Computer crime or cybercrime refers to any crime that involves a computer and a network, where the computers may or may not have played an instrumental part in the commission of the crime (Moore 2000). Issues surrounding this type of crime have become high-profile, particularly those surrounding hacking, copyright infringement, child porn, and child grooming. There are also problems of privacy when confidential information is lost or intercepted, lawfully or otherwise.
On the global level, both governments and non-state actors continue to grow in importance, with the ability to engage in such activities as espionage, financial theft, and other cross-border crimes sometimes referred to as cyber warfare. The international legal system is attempting to hold actors accountable for their actions, with the International Criminal Court among the few addressing this threat.

Typology
Computer crime encompasses a broad range of potentially illegal activities. Generally, however, it may be divided into one of two types of categories: (1) crimes that target computer networks or devices directly; (2) crimes facilitated by computer networks or devices, the primary target of which is independent of the computer network or device.

Examples of crimes that primarily target computer networks or devices would include:
• Malware (malicious code)
• Denial-of-service attacks
• Computer viruses

Examples of crimes that merely use computer networks or devices would include:
• Cyber stalking
• Fraud and identity theft
• Phishing scams
• Information warfare

A computer can be a source of evidence. Even though the computer is not directly used for criminal purposes, it is an excellent device for record keeping, particularly given the power to encrypt the data. If this evidence can be obtained and decrypted, it can be of great value to criminal investigators.

Spam
Spam, or the unsolicited sending of bulk email for commercial purposes, is unlawful to varying degrees. As applied to email, specific anti-spam laws are relatively new, however limits on unsolicited electronic communications have existed in some forms for some time.

Fraud
Computer fraud is any dishonest misrepresentation of fact intended to let another to do or refrain from doing something which causes loss. In this context, the fraud will result in obtaining a benefit by:

•Altering computer input in an unauthorized way. This requires little technical expertise and is not an uncommon form of theft by employees altering the data before entry or entering false data, or by entering unauthorized instructions or using unauthorized processes;

•altering, destroying, suppressing, or stealing output, usually to conceal unauthorized transactions: this is difficult to detect;

•altering or deleting stored data;

•Altering or misusing existing system tools or software packages, or altering or writing code for fraudulent purposes. This requires real programming skills and is not common.
Other forms of fraud may be facilitated using computer systems, including bank fraud, identity theft, extortion, and theft of classified information.
A variety of Internet scams target consumers direct.

Obscene or offensive content
The content of websites and other electronic communications may be distasteful, obscene or offensive for a variety of reasons. In some instances these communications may be illegal.
Many[quantify] jurisdictions place limits on certain speech and ban racist, blasphemous, politically subversive, libelous or slanderous, seditious, or inflammatory material that tends to incite hate crimes.
The extent to which these communications are unlawful varies greatly between countries, and even within nations. It is a sensitive area in which the courts can become involved in arbitrating between groups with entrenched beliefs.

One area of Internet pornography that has been the target of the strongest efforts at curtailment is child pornography.

Harassment
Whereas content may be offensive in a non-specific way, harassment directs obscenities and derogatory comments at specific individuals focusing for example on gender, race, religion, nationality, sexual orientation. This often occurs in chat rooms, through newsgroups, and by sending hate e-mail to interested parties (see cyber bullying, cyber stalking, harassment by computer, hate crime, Online predator, and stalking). Any comment that may be found derogatory or offensive is considered harassment.

Drug trafficking
Drug traffickers are increasingly taking advantage of the Internet to sell their illegal substances through encrypted e-mail and other Internet Technology. Some drug traffickers arrange deals at internet cafes, use courier Web sites to track illegal packages of pills, and swap recipes for amphetamines in restricted-access chat rooms.

The rise in Internet drug trades could also be attributed to the lack of face-to-face communication. These virtual exchanges allow more intimidated individuals to more comfortably purchase illegal drugs. The sketchy effects that are often associated with drug trades are severely minimized and the filtering process that comes with physical interaction fades away. Furthermore, traditional drug recipes were carefully kept secrets. But with modern computer technology, this information is now being made available to anyone with computer access.

Cyberterrorism
Government officials and Information Technology security specialists have documented a significant increase in Internet problems and server scans since early 2001. But there is a growing concern among federal officials. that such intrusions are part of an organized effort by cyberterrorists, foreign intelligence services, or other groups to map potential security holes in critical systems. A cyberterrorist is someone who intimidates or coerces a government or organization to advance his or her political or social objectives by launching computer-based attack against computers, network, and the information stored on them.

Cyberterrorism in general, can be defined as an act of terrorism committed through the use of cyberspace or computer resources (Parker 1983). As such, a simple propaganda in the Internet, that there will be bomb attacks during the holidays can be considered cyberterrorism. At worst, cyberterrorists may use the Internet or computer resources to carry out an actual attack. As well there are also hacking activities directed towards individuals, families, organised by groups within networks, tending to cause fear among people, demonstrate power, collecting information relevant for ruining peoples' lives, robberies, blackmailing etc.

Hate Crimes Defined
338.1 PURPOSE AND SCOPE
This Department recognizes and places a high priority on the rights of all individuals guaranteed under the Constitution and the laws of this state. When such rights are infringed upon by violence, threats or other harassment, this Department will utilize all available resources to see that justice is served under the law. This policy has been developed to meet or exceed the provisions of Penal Code § 13519.6(c) and provides members of this Department with guidelines for identifying and investigating incidents and crimes that may be motivated by hatred or other bias.

He said Penal...

What about the guaranteed right of free speech according to the very first amendment of the Constitution ?

I may not agree with what you have to say but I believe you have, and should have the right to say it anyway.

If a person is targeting a certain "mark," or selecting their victims based on a personal hate towards them, and actually committing crimes against them, that could be classified as a hate crime.

If someone is guilty of a crime, it should be dealt with, without giving any "favor" (or prejudice) based on the color, or sexuality of the victim.