The Federal Bureau of Investigation says that a hate crime is a traditional offense, such as vandalism, assault, or murder with the added element of "bias." Congress defines a hate crime as a criminal offense against an individual or property that is motivated in whole or in part by the offender's bias against:
- Race
- Religion
- Disability
- Ethnic origin
- Sexual orientation
Hating someone or something is not a crime in itself and the FBI is mindful about people's freedom of speech. Hate crimes are not distinctly federal offenses, however, in some cases the federal government investigates and prosecutes hate crimes based on civil rights violations.
In 2009, a new law passed, which gave the federal government the right to prosecute violent hate crimes, including violence directed at the gay and lesbian community.
Additionally, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act provides technical assistance and funding to local and state authorities to help them prevent, investigate and prosecute hate crimes.
FBI Investigates Vandalism Against Mosques
With the Paris and San Bernardino terrorist attacks, our nation has been on high alert for hate crimes against Americans and Muslims, and recently the Sikhs.
On Dec. 13, 2015, the FBI and police in California opened a hate crime investigation after two mosques were vandalized, the latest in a series of arson and vandalism episodes against Sikh and Muslim houses of worship in Southern California since San Bernardino's terrorist attack.
Offenders are confusing the Sikh religions with Islam, which is entirely separate. Sikh men, who wear long beards and turbans are often the target of anti-Muslim crimes because of the similarity in their appearance.
Dr. Ahsan Khan, a spokesman for the Ahmadiyya Muslim Community mosque in Hawthorne, California, said that Jesus and three crucifixes were spray painted on the wall of the mosque. He said the vandalism was a hate crime by all indications.
If you're being accused of committing a hate crime, speak with an experienced criminal defense lawyer to discuss your legal options!
