Hate Crimes


A Hate Crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.  Hate crimes include all of the above-mentioned offenses (with the exception of Manslaughter by Negligence and Weapons, Drug Abuse, and Liquor Law Violations.)  In addition to those offenses, larceny-theft destruction/damage/vandalism of property, intimidation, and simple assault are also classified as hate crimes.[1]

Larceny-Theft: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Attempted larcenies are included.  Embezzlement, confidence games, forgery, worthless checks, etc., are excluded.

Destruction/Damage/Vandalism: To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law.

Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration or loss of consciousness.

Hate crimes must be reported by category of bias

Bias: a preformed negative opinion or attitude toward a group of persons based on their race, religion, disability, sexual orientation, ethnicity, national origin, gender, or gender identity.

Race: A preformed negative opinion attitude toward a group of persons who possess common physical characteristics (e.g., color of skin, eyes, and/or hair; facial features, etc.) genetically transmitted by descent or heredity, which distinguish them as distinct division of humankind (e.g., Asians, Blacks, Whites)

Religion:  A preformed negative opinion attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being, e.g. Catholics, Jews, Protestants, atheists.

Sexual Orientation: A preformed negative opinion attitude toward a group of persons based on their actual or perceived sexual orientation.  Sexual Orientation is the term for a person’s physical, romantic, and/or emotional attraction to members of the same/opposite sex, including lesbian, gay, bisexual, or heterosexual (straight) individuals.

Gender: A preformed negative opinion attitude toward a group of persons based on their actual or perceived gender, e.g. male or female.

Gender Identity: A preformed negative opinion attitude toward a group of persons based on their actual or perceived gender identity, e.g. bias against transgender or gender non-conforming individuals.  Gender non-conforming describes a person who does not conform to the gender-based expectations of society, e.g. a woman dressed in traditionally male clothing or a man wearing makeup.  A gender non-conforming person may or may not be a lesbian, gay, bisexual, or transgender person by may be perceived as such.

Ethnicity: A preformed negative opinion attitude toward a group of persons whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry.  The concept of ethnicity differs from the closely related term “race” in that “race” refers to grouping based mostly upon biological criteria, while “ethnicity” also encompasses additional cultural factors.

National Origin: A preformed negative opinion attitude toward a group of persons based on their actual or perceived country of birth.  This bias may be against people that have a name or accent associated with a national origin group, participate in certain customs associated with a national origin group, or because that are married to or associate with people of a certain national origin.

Disability: A preformed negative opinion attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.


[1] Larceny-theft, simple assault, intimidation and destruction/damage/vandalism of property are not Clery-reportable crimes unless the crime was motivated by bias.