For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33099 ------------------------------------------------------------------------------ Order Code RL33099 CRS Report for Congress Received through the CRS Web State Statutes Governing Hate Crimes September 21, 2005 Charlene A. Austin Law Clerk American Law Division Paul S. Wallace, Jr. Specialist in American Public Law American Law Division Congressional Research Service ~ The Library of Congress State Statutes Governing Hate Crimes Summary Most state hate crimes laws are similar to a model proposed by the Anti- Defamation League which covers not only anti-Semitic crimes, but all hate crimes. The model law also includes an institutional vandalism section which increases the criminal penalties for vandalism which covers houses of worship, cemeteries, schools, and community centers. Almost every other state has some form of legislation which can be used to prosecute such crimes. The essence of the Anti-Defamation League (ADL) legal approach is the penalty-enhancement concept which was upheld in the landmark decision by the Supreme Court in Wisconsin v. Mitchell, 508 U.S. 476 (1993). The Court was unanimous in upholding the constitutionality of the Wisconsin penalty-enhancement hate crime statute which was based on the ADL's model. In Mitchell, the Court noted that expressions of hate are protected by the First Amendment's free speech clause and they are not by themselves criminalized. However, criminal activity which has been motivated by hate may be made subject to an enhanced sentence. In essence, the defendant's sentence may be enhanced if he intentionally selects his victim based upon his perception of the victim's race, religion, national origin, sexual orientation or gender. Adjustments in state law, regarding the respective fact finding authority of the jury and the court in criminal cases in light of Apprendi v. New Jersey, 530 U.S. 466 (2000), and Booker v. United States, 125 S. Ct. 738 (2005), are beyond the scope of this report. This report will be updated periodically as legislative actions within the states occur. Contents List of Tables State Statues Governing Hate Crimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 State Statutes Governing Hate Crimes This report compiles state statutes pertaining to hate crimes. The Violent Crime Control and Law Enforcement Act of 1994 defines hate crime in §280003a as a "crime in which the defendant intentionally selects a victim, or in the case of property crime, the property that is the object of the crime" motivated by prejudice based on the "race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation" of the victim, P.L. 103-322, 108 Stat. 2096 (1994). At least 45 states and the District of Columbia have statutes with penalties for bias-motivated crimes. States with comprehensive hate crime statutes provide specific penalty enhancements to deter hate crimes. Associated criminal statutes for each state that are more general in scope were also included. States have at least one of the following types of legislation: statutory provisions that outlaw destruction of religious institutions, criminalize bias-motivated violence and intimidation, mandate training for state police officers in recognizing and reporting hate crimes, and also prohibit infringement on another person's civil rights.1 Approximately half the states are required by law to compile statistics on hate crimes. Law enforcement agencies must collect information and report on bias crimes to, among other entities, the FBI under the Hate Crime Statistics Act of 1990, 28 U.S.C. 534 note. Hate crime statutes that do offer protection for victims vary in terms of whether the protection extends to include gender, sexual orientation, or disability in addition to the standard factors of race, color, religion, and national origin. At least 10 states and the District of Columbia, have enacted hate crime laws that cover gender identity and sexual orientation. At least 21 states have criminal legislation that brings attention to gender identity motivated crimes. There appear to be at least 25 states that protect potential victims of sexual orientation. Additionally, at least 22 states address bias-motivated crimes, among other factors, contingent on disability. In compiling the state laws, current Lexis versions of state codes and statutes as well as hard copy state codes were used for research. Additionally, useful research stemmed from the use of individual State Law Libraries and contacts with State District Attorney's offices, as well as human rights organizations. This report was prepared by Charlene A. Austin, Law Clerk, under the general supervision of Paul S. Wallace, Specialist in American Public Law. 1 See CRS Report RL32850, Hate Crimes: Legal Issues. CRS-2 State Statues Governing Hate Crimes Alabama Penalty Enhancement Yes Ala. Code § 13A-5-13 ­ Imposes additional penalties for hate crimes "where it is shown that a perpetrator committing the underlying offense was motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability." Institutional Vandalism Yes Ala. Code § 13A-11-12 (1994)­Desecration of "venerated objects" includes places of worship. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training Alaska Penalty Enhancement Yes Alaska Stat. § 12.55.155(c)(22) ­ Aggravating factors considered by the court include the selection of a victim "because of that person's race, sex, color, creed, physical or mental disability, ancestry, or national origin." Institutional Vandalism Yes Alaska Stat. § 34.50.020(2002)­Penalizes the destruction of real or personal property by minors which belong to a religious or charitable organization. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training Arizona Penalty Enhancement Yes Ariz. Rev. Stat. Ann. §13-702[C][14] ­ Identifies as an aggravating sentencing factor that the defendant committed an offense out of malice toward the victim's real or perceived identification with a group listed in §41- 1750[A][3]. Institutional Vandalism Yes Arizona Stat. § 13-1604(2001)­A person commits aggravated criminal damage by intentionally or recklessly damaging, defacing, or tampering with the property of another without the express permission of the owner. Data Collection Yes Ariz. Rev. Stat. Ann. §41-1750[A][3] ­ The Arizona Highway Patrol is responsible for the centralized collection of data relating to crimes manifesting a malice on the basis of CRS-3 race, color, religion, national origin, sexual orientation, gender or disability. Law Enforcement No No statute located under this heading. Training Arkansas Penalty Enforcement No Institutional Vandalism Yes Ark. Code Ann. § 5-71-215(3) ­ Covers damage of "any place of worship, cemetery, or burial monument." Ark. Code Ann. § 5-71-207(8) ­ Disorderly conduct includes damage of a "patriotic or religious symbol that is an object of respect by the public or a substantial segment thereof." Ark. Code. Ann. §5-38-301(a)(5) ­ Outlaws burning churches. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training CRS-4 California Penalty Enhancement Yes Cal. Penal Code § 422.75 ­ "...[A] person who commits a felony that is a hate crime or attempts to commit a felony that is a hate crime, shall receive an additional term of one, two, or three years in the state prison, at the court's discretion." Cal. Penal Code § 422.76 ­ Commission of a felony because of specified belief or characteristics of the victim shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170. Cal. Penal Code § 628.1 ­ "Hate crime" means an act or attempted act against the person or property of another individual or institution which in any way manifest evidence of hostility toward the victim because of his or her actual or perceived race, religion, disability, gender, nationality, or sexual orientation. This includes, but is not limited to, threatening telephone calls, hate mail, physical assault, vandalism, cross burning, destruction of religious symbols, or fire bombings. Cal. Penal Code § 666.7 ­ "The term "sentence enhancement" means an additional term of imprisonment in the state prison added to the base term for the underlying offense. A sentence enhancement is imposed because of the nature of the offense at the time the offense was committed or because the defendant suffered a qualifying prior conviction before committing the current offense." Cal. Penal Code § 422.7 ­ Additional Punishment for hate crime committed for purpose of intimidating or interfering with constitutional rights of another. Cal. Penal. Code § 1170.75 ­ Treats as an aggravating factor that the crime of conviction was motivated by malice towards the victim's race, color, religion, nationality, country of origin, ancestry, disability, gender, or sexual orientation. Institutional Vandalism Yes See above Cal. Penal Code § 628.1. Cal. Penal Code § 594.3 ­ Criminalizes vandalism of places of worship and CRS-5 interference with religious worship and if shown to have been committed by reason of the race, color, religion, or national origin of another individual or group of individuals and to have been committed for the purpose of intimidating and deterring persons from freely exercising their religious beliefs, is guilty of a felony punishable by imprisonment in the state prison. Cal. Penal Code § 11413 ­ Outlaws burning churches or other places of worship. Data Collection Yes Cal. Penal Code § 628.1 ­ Mandates development of a standard reporting form for hate crimes for use by all school districts and county offices of education. Law Enforcement Yes Cal. Penal Code § 13519.6 ­ Covers hate Training crimes training for peace officers. Colorado Penalty Enhancement Yes Colo. Rev. Stat. § 18-9-121 ­ "It is the right of every person, regardless of race, color, ancestry, religion, or national origin, to be secure and protected from fear, intimidation, harassment, and physical harm caused by the activities of individuals and groups." Institutional Vandalism No No statute located under this heading. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training Connecticut Penalty Enhancement Yes Conn. Gen. Stat. Ann. § 53a-181j to 53-181l ­ Covers intimidation based on bigotry or bias in the first degree as a class C felony. Institutional Vandalism Yes Conn. Gen. Stat. Ann. § 46a-58 ­ Covers deprivation of rights, desecration of property, and cross burning. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training CRS-6 Delaware Penalty Enhancement Yes 11 Del. Code Ann. § 1304 ­ Imposes additional penalties for hate crimes where it is shown that a perpetrator committing the underlying offense was motivated by the "victim's race, religion, color, disability, sexual orientation, national origin or ancestry." Institutional Vandalism Yes 11 Del. C. § 1331 (2005)-"A person is guilty of desecration if the person intentionally defaces, damages, pollutes or otherwise physically mistreats any public monument or structure, any place of worship, the national flag or any other object of veneration by the public or a substantial segment thereof, in a public place and in a way in which the actor knows will outrage the sensibilities of persons likely to observe or discover the actions." Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training District of Columbia Penalty Enhancement Yes D.C. Code § 22-3701 ­ Covers definitions of "bias-related crime" and Designated act. D.C. Code § 22-3703 ­ "A person charged with and found guilty of a bias-related crime shall be fined not more than 1 ½ times the maximum fine authorized for the designed act and imprisoned for not more than 1 ½ times the maximum term authorized for the designed act." D.C. Code § 22-3704 ­ Imposes additional penalties for hate crimes where it is shown that a perpetrator committing the underlying offense was motivated by the "victim's actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, physical handicap, matriculation, or political affiliation." D.C. Code § 22-4004 ­ The perpetrator's "designated act shall have a civil cause of action in a court of competent jurisdiction for appropriate relief." Institutional Vandalism Yes D.C. Code § 22-3312.02 ­ Covers defacing or burning cross or religious symbol and display of certain emblems. CRS-7 Data Collection Yes D.C. Code § 22-3702 ­ "The Metropolitan Police force shall afford each crime victim the opportunity to submit with the complaint a written statement that contains information to support a claim that the designated act constitutes a bias-related crime." Law Enforcement No No statute located under this heading. Training Florida Penalty Enhancement Yes Fla. Stat. Ann. § 775.085 ­ Covers general penalties of crimes motivated by the "victim's race, color, ancestry, ethnicity, religion, sexual orientation, national origin, mental or physical disability, or advanced age of the victim." Fla. Stat. § 775.0845 ­ Covers general penalties for wearing mask while committing offense Institutional Vandalism Yes Fla. Stat. § 806.13 ­ Criminalizes damages to places of worship and real or personal property belonging to another. Section also includes penalties for minors. Data Collection Yes Fla. Stat. § 877.19 ­ "The Florida Department of Law Enforcement shall collect and disseminate data on incidents of criminal acts that evidence prejudice based on race, religion, ethnicity, color, ancestry, sexual orientation, or national origin." Law Enforcement No No statute located under this heading. Training Georgia Penalty Enhancement No Ga. Code §§ 17-10-17 to 17-10-19 ­ Authorizes penalty enhancements for crimes committed because of bias or prejudice. Institutional Vandalism Yes Ga. Code § 16-7-26 ­ Vandalism to a place of worship. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training CRS-8 Hawaii Penalty Enhancement Yes Hawaii Rev. Stat. § 706-662 ­ "Criteria for extended terms of imprisonment when (6)(b) the defendant intentionally selected a victim, or in the case of a property crime, the property that was the object of a crime, because of hostility toward the actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation of any person." Institutional Vandalism Yes Hawaii Rev. Stat. § 711-1107 ­ "A person commits the offense of desecration if the person intentionally desecrates: (a)Any public monument or structure; or (b)A place of worship or burial; (c) In a public place the national flag or any other object of veneration by a substantial segment of the public." Data Collection Yes Hawaii Rev. Stat. § 846-51 ­ "Covers definitions of hate crime reporting." Hawaii Rev. Stat. § 846-52 ­ "The department of the attorney general shall be responsible for the collection, storage, dissemination, and analysis of all hate crime data from all agencies that have primary investigative, action, or program responsibility for adult or juvenile offenses..." Hawaii Rev. Stat.§ 846-53 ­ "Agencies that have investigative, detention, custodial, adjudicative, or program responsibility for adult or juvenile offenses shall cooperate with the attorney general in establishing the hate crime reporting system ." Hawaii Rev. Stat. § 846-54 ­ "The attorney shall summarize and analyze reports of hate crimes data that are received, and shall compile and transmit an annual report of hate crime data to the governor, the judiciary, the department of public safety, and the legislature." Law Enforcement No No statute located under this heading. Training Idaho Penalty Enhancement Yes Idaho Code § 18-7092 ­ "It shall be unlawful for any person, maliciously and with the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry, or national origin." CRS-9 Institutional Vandalism Yes Idaho Code § 18-7902 ­ Malicious harassment prohibited which includes injury to person or property of another because of that person's race, color, religion, ancestry, or national origin. Data Collection Yes Idaho Code § 67-2915 ­ Provides for statistical reporting of malicious harassment crimes. Law Enforcement No No statute located under this heading. Training Illinois Penalty Enhancement Yes 720 Ill. Comp. Laws Ann. § 5/12-7.1 ­ Outlaws hate crimes (violent crimes committed because of animus towards victim's actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin). 730 Ill. Comp. Laws Ann. § 5/5-5-3.2 ­ List the aggravating factors that may be considered by the court, including the selection of a victim because of the victim's actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin. Institutional Vandalism Yes 720 Ill. Comp. Laws Ann. § 5/21-1.2 ­ Criminalizes damage to places of worship, schools, educational facilities or community centers committed because of or by reason of the race, color, creed, religion or national origin of another. Data Collection Yes 20 Ill. Comp. Laws Ann. § 2605/55a31 ­ Provides for the collection and dissemination of hate crimes data. Law Enforcement Yes 20 Ill. Comp. Laws Ann. § 2605/55a31 ­ Training Mandates training for state police officers in identifying, responding to, and reporting hate crimes. Indiana Penalty Enhancement No No statute located under this heading. Institutional Vandalism Yes Ind. Code Ann. § 35-43-1-2(b) ­ Outlaws property damage to places of worship, schools or community centers. Data Collection Yes Ind. Code Ann.§ 10-13-3-38 ­ "A law enforcement agency shall collect information concerning bias crimes." CRS-10 Ind. Code Ann.§ 10-13-3-1(b) ­ "Bias crime" means an offense in which the person who commits the offense knowingly or intentionally damaged or otherwise affected property because of the color, creed, disability, national origin, race, religion, or sexual orientation of the owner or occupant of the affected property. Law Enforcement No No statute located under this heading. Training Iowa Penalty Enhancement Yes Iowa Code Ann. § 708.2C, 712.7, 716.6A, 716.8 ­ Outlaws hate crime as defined in § 729A.2 (crimes committed because of the victim's race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability). Institutional Vandalism Yes Iowa Code Ann. § 716.6A ­ Increases the penalty for institutional vandalism one degree higher than the underlying offense which is also a hate crime as defined in § 729A.2. Data Collection Yes Iowa Code Ann. § 692.15(7) ­ Mandates reporting of hate crimes. Law Enforcement Yes Iowa Code Ann. § 729A.4 ­ Covers sensitivity Training training for law enforcement personnel. Kansas Penalty Enhancement Yes Kan. Stat. Ann. § 21-4716(c)(2)(C) ­ Establishes as an aggravating sentencing factor a crime that was motivated by the victim's race, color, religion, ethnicity, national origin, or sexual orientation. Institutional Vandalism Yes Kan. Stat. Ann. § 21-4111 ­ Covers institutional vandalism and desecration of religious institutions. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training Kentucky Penalty Enhancement Yes Ky. Rev. Stat. § 532.031 ­ "A person may be found by the sentencing judge to have committed an offense specified below as a result of a hate crime if the person CRS-11 intentionally because of race, color, religion sexual orientation, or national origin of another individual or group of individuals..." Ky. Rev. Stat. § 346.055 ­ Victim of hate crime deemed victim of criminally injurious conduct. Institutional Vandalism Yes Ky. Rev. Stat. § 525.113 ­ "A person is guilty of institutional vandalism when he, because of race, color, religion, sexual orientation, or national origin of another individual or group of individuals, knowingly vandalizes, defaces, damages, or desecrates objects..." Ky. Rev. Stat. § 525.110 ­ Covers desecration of venerated objects in the second degree. Data Collection Yes Ky. Rev. Stat. § 17.1523 ­ "Uniform offense report to provide for indication of bias-related crime." Law Enforcement Yes Ky. Rev. Stat. § 15.331 ­ Covers basic law Training enforcement training to include training on bias-related crime. Louisiana Penalty Enhancement Yes La. Rev. Stat. §14:107.2 ­ "It shall be unlawful for any person to select the victim of the following offenses against person and property because of actual or perceived race, age, gender, religion, color, creed, disability, sexual orientation, national origin, or ancestry..." Institutional Vandalism Yes La. Rev. Stat.§14.225 ­ Criminalizes knowingly vandalizing, defacing, or otherwise damaging places used for religious worship, schools, or community centers. Data Collection Yes La. Rev. Stat. 15:1204.2B(4) ­ Mandates the reporting of data regarding crimes directed against individuals or groups, or their property, by reason of their actual or perceived race, age, gender, religion, color, creed, disability, sexual orientation, national origin, or ancestry. Law Enforcement Yes La. Rev. Stat.§ 40:2403 ­ Covers Council on Training Peace Officer Standards and Training. Maine Penalty Enhancement Yes 17 Me. Rev. Stat. § 1151 ­ Covers general sentencing provisions for crimes motivated because of the victim's "race, color, religion, sex, ancestry, national origin, physical or mental disability or sexual orientation of that CRS-12 person or of the owner or occupant of that property." 17 Me. Rev. Stat. § 2931, 2932 ­ Outlaws interference with the exercise or enjoyment of civil rights. Institutional Vandalism Yea 17 Me. Rev. Stat.§ 507 ­ Covers desecration and defacement of places of worship. Data Collection Yes 25 Me. Rev. Stat. § 1544 ­ Provides for reporting on crimes that manifest evidence of prejudice based on race, religion, disability, sexual orientation or ethnicity. Law Enforcement No No statute located under this heading. Training Maryland Penalty Enhancement Yes Md. Crim. Code Ann. § 10-305 ­ Covers specific penalties associated with hate crimes. Md. Crim. Code Ann. § 10-306 ­ "Prosecution of a person under this subtitle does not preclude prosecution and imposition of penalties for another crime in addition to the penalties imposed under this subtitle." Institutional Vandalism Yes Md. Crim. Code Ann. § 10-301 ­ Covers damaging property of religious entity. Md. Crim. Code Ann. § 10-302 ­ "A person may not, by force or threat of force, obstruct or attempt to obstruct another in the free exercise of that person's religious beliefs." Md. Crim. Code Ann. § 10-303 ­ Covers "harassment; destruction of property because of another's race, color, religious beliefs, or national origin..." Md. Crim. Code Ann. § 10-304 ­ Covers damage to associated building. Data Collection Yes Md. Crim. Code Ann. 88B, § 9(b)­ Mandates the collection and analysis of information relating to incidents directed against an individual or group because of the individual's or group's race, religion, ethnicity, or sexual orientation. Law Enforcement No No statute located under this heading. Training Massachusetts Penalty Enhancement Yes Mass. Gen. Laws Ann. ch. 265, § 37 ­ Outlaws interference with the exercise or CRS-13 enjoyment of civil rights. Mass. Gen. Laws Ann. ch. 265, § 39 ­ Covers Intimidation because of Race, Color, Religion or National Origin; Assault or Battery; Damage to Property; Fines; Imprisonment; Diversity Awareness Program. Institutional Vandalism Yes Mass. Gen. Laws Ann. ch. A266 § 126A ­ Criminalizes defacement of real or personal property Mass. Gen. Laws Ann. ch. 266 § 127 ­ Criminalizes anyone who destroys or injures the personal property, dwelling house or building of another. Data Collection Yes Mass. Gen. Laws Ann. ch. 22C § 33 ­ Provides for the promulgation of regulation relative to the collection of hate crime data Mass. Gen. Laws Ann. ch.22C § 34 ­ Provides for the summary and analysis of hate crime data and the publication of annual reports. Law Enforcement Yes Mass. Gen. Laws Ann. ch. 6, § 116B ­ "The Training municipal police training committee shall provide instruction for police officers in identifying, responding to and reporting all incidents of hate crime...." CRS-14 Michigan Penalty Enhancement Yes Mich. Comp. Laws. Ann. § 750.147b ­ Outlaws ethnic intimidation on the basis of race, color, religion, gender, or national origin. Institutional Vandalism No No statute located under this heading. Data Collection Yes Mich. Comp. Laws. Ann. § 28.257a ­ Requires that ethnic intimidation offenses be reported to the central record repository. Law Enforcement No No statute located under this heading. Training Minnesota Penalty Enhancement Yes Minn. Stat. Ann. § 609.2231[subd.4], 609.5595[subd. 1a], 609.749[subd. 3(a)] ­ Covers assault, property damage and harassment motivated by victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability, age, or national origin. Minn. Stat. Ann. ch. 244 App. [II][2][b][11] ­ Establishes an aggravating sentencing factor for offenses motivated by the animus noted above. Institutional Vandalism Yes Minn. Stat. Ann. § 609.595 ­ Covers damage to property. Data Collection Yes Minn. Stat. Ann. § 626.5531 ­ Covers reporting of crimes motivated by bias. Law Enforcement Yes Minn. Stat. Ann. § 626.8451 ­ Covers training Training in identifying and responding to certain crimes. Mississippi Penalty Enhancement Yes Miss. Code Ann. § 99-19-307 ­ Imposes additional penalties for hate crimes "in the event it is found beyond a reasonable doubt that the offense was committed by reason of the actual or perceived race, color, ancestry, ethnicity, religion, national origin or gender of the victim. " Miss. Code Ann. § 99-19-305 ­ Covers sentencing proceedings; required findings for enhanced penalty. Miss. Code Ann. § 99-19-301 ­ Covers penalties subject to enhancement. Institutional Vandalism Yes Miss. Code Ann. § 97-17-39 ­ Describes penalties for injuring, destroying, or defacing CRS-15 certain public buildings, schools or churches, or property thereof. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training Missouri Penalty Enhancement Yes Mo. Ann. Stat. § 557.035 ­ Provides enhanced penalties for motivational factors in certain crimes...which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims." Institutional Vandalism Yes Mo. Ann. Stat. §574.085 ­ Criminalizes vandalism or damages to places used for religious worship or other religious purpose, schools, community centers, and any personal property contained therein. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training Montana Penalty Enhancement Yes Mont. Code Ann. § 45-5-222 ­ Sentence enhancement-offenses committed because of victim's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities. Institutional Vandalism Yes Mont. Code. Ann. § 45-5-221 ­ Criminalizes damages to another's property motivated by race, creed, religion, color, national origin, or involvement in civil rights or human rights activities. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training Nebraska Penalty Enhancement Yes Neb. Rev. Stat. § 28-111 ­ Imposes additional penalties for "any person who commits one or more of the following criminal offenses against a person or a person's property because of the person's race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability...." Neb. Rev. Stat. § 28-113 ­ A victim of hate crime "may bring a civil action for equitable relief, general and special damages, reasonable attorney's fees, and costs." CRS-16 Institutional Vandalism No No statute located under this heading. Data Collection Yes Neb. Rev. Stat. § 28-114 ­ Provides for the establishment of a central repository for the collection and analysis of information regarding criminal offenses committed against a person because of the person's race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability. Law Enforcement No No statute located under this heading. Training Nevada Penalty Enhancement Yes Nev. Rev. Stat. § 207.185 ­ Penalty for commission of certain unlawful acts by reason of actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of another person or group of persons. Nev. Rev. Stat. § 193.1675 ­ Additional penalty: Commission of crime because of certain actual or perceived characteristics of victim. Nev. Rev. Stat. § 41.690 ­ "Cause of action for damages resulting from criminal violation if perpetrator was motivated by certain characteristics of victim. " Institutional Vandalism Yes Nev. Rev. Stat. § 206.125 ­ Damage of property used for religious or educational purposes, for burial or memorializing dead or as community center; damage of property contained therein. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training New Hampshire Penalty Enhancement Yes N. H. Rev. Stat. Ann. § 651:6 ­ Imposes extended term of imprisonment where a perpetrator was "substantially motivated to commit the crime because of hostility towards the victim's religion, race, creed, sexual orientation, national origin or sex." Institutional Vandalism No No statute located under this heading. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training CRS-17 New Jersey Penalty Enhancement Yes N. J. Stat. Ann. § 2C:44-3 ­ Provides that a court may enhance penalties for crimes committed with a purpose to intimidate an individual or group because of race, color, gender, handicap, religion, sexual orientation or ethnicity. N. J. Stat. Ann. § 2C:16­1 ­ Outlaws bias intimidation on the basis of the victim's race, color, religion, gender, handicap, sexual orientation or ethnicity. Institutional Vandalism Yes N. J. Stat. Ann. § 2C:33-11 ­ Criminalizes purposeful defacement or damage to any private premises or property primarily used for religious, educational, residual, memorial, charitable, or cemetery purposes, by placing a symbol or object that exposes another to threat of violence. Data Collection Yes N. J. Stat. Ann. § 52:9DD-9 ­ Covers efforts to promote prejudice reduction and prevent and deter crimes based upon the victim's race, color, religion, national origin, sexual orientation, ethnicity, gender, or physical, mental or cognitive ability. Law Enforcement Yes N. J. Stat. Ann. § 52:9DD-9 ­ Covers Training development of cultural diversity training for law enforcement personnel. New Mexico Penalty Enhancement Yes N.M. Stat. Ann. § 31-18B-1 ­ This act 31- 18B-1 to 31-18B-5 NMSA 1978 may be cited as the "Hate Crimes Act." Will allow a year of prison to be added to each felony charge proved by the prosecutors. Institutional Vandalism Yes N.M. Stat. Ann. § 30-15-4 ­ Criminalizes desecration of a church. Data Collection Yes N.M. Stat. Ann. § 31-18B-4 - Shall provide the FBI with data concerning a crime motivated by hate in accordance with guidelines established pursuant to the Federal Hate Crime Statistics Act. Law Enforcement Yes N.M. Stat. Ann. § 31-18B-5 - Provides for law Training enforcement training concerning the detection, investigation and reporting of a crime motivated by hate. CRS-18 New York Penalty Enhancement Yes N.Y. Penal § 485.10 ­ When a person commits a hate crime, the penalty shall be deemed to be one category higher than the specified offense the defendant committed, or one category higher than the offense level applicable to the defendant's conviction for an attempt or conspiracy to commit a specified offense. N.Y. Penal § 240.30, 240.31 ­ Outlaws aggravating harassment on the basis of the victim's real or perceived race, color, national origin, ancestry, gender, religion, religious practices, age, disability or sexual orientation. Institutional Vandalism No No statute located under this heading. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training North Carolina Penalty Enhancement Yes N.C. Gen. Stat. § 14-3 ­ Enhances punishment for offenses committed because of victim's race, color, religion, nationality, or country of origin. Institutional Vandalism Yes N.C. Gen. Stat. § 14-49 ­ Covers wilful and malicious damage to buildings of worship by use of explosive. N.C. Gen. Stat. § 14-144 ­ Covers damage to buildings of worship by another means than burning or attempt to burn. N.C. Gen. Stat. § 14-62.2 ­ Covers church burning. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training North Dakota Penalty Enhancement Yes N.D. Cent. Code, § 12.1-14-04 ­ "A person is guilty of a class B misdemeanor if , whether or not acting under color of law, he, by force, or threat of force or by economic coercion, intentionally 1. injures, intimidates, or interferes with another because of his sex, race, color, religion, or national origin..." Institutional Vandalism No No statute located under this heading. CRS-19 Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training Ohio Penalty Enhancement Yes Ohio Rev. Stat. Ann. § 2927.12 ­ Enhances penalty for ethnic intimidation and certain offenses committed by reason of the victim's race, color, religion, or national origin. Institutional Vandalism Yes Ohio Rev. Stat. Ann. § 2927.11 ­ Covers damage to places of worship, their furnishings, or religious artifacts or sacred texts with the place of worship. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training Oklahoma Penalty Enhancement Yes 21 Okl. Stat. Ann. § 850 ­ "No person shall maliciously and with the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry, national origin or disability." Institutional Vandalism Yes 21 Okl. Stat. Ann. § 1765 ­ Covers wilful injury to any house of worship or any part thereof, or property therein. Data Collection Yes 21 Okl. Stat. Ann. § 850F ­ Mandates the development of a standard system for state and local law enforcement agencies to report incidents of crime that are apparently directed against members of racial, ethnic, religious groups or other groups specified in the section. Law Enforcement No No statute located under this heading. Training Oregon Penalty Enhancement Yes Ore. Rev. Stat. §§ 166.155, 166.165 ­ Covers intimidation because of the perpetrator's perception of that person's race, color, religion, national origin or sexual orientation. Institutional Vandalism Yes Ore. Rev. Stat. § 166.075 ­ Defines crime of abuse of venerated objects as the intentional abuse of a place of worship. Data Collection Yes Ore. Rev. Stat. § 181.550 ­ "All law enforcement agencies shall report to the Department of State Police statistics concerning crimes." Law Enforcement Yes Ore. Rev. Stat. § 181.642 ­ Mandates training CRS-20 Training on the investigation, identification and reporting of crimes motivated by prejudice based on the perceived race, color, religion, national origin, sexual orientation, marital status, political affiliation or beliefs, membership or activity in or on behalf of a labor organization or against a labor organization, physical or mental handicap, age, economic or social status or citizenship of the victim. Pennsylvania Penalty Enhancement Yes 18 Pa. Stat. Ann. § 2710 ­ Enhances penalty for "[a] person commits the offense of ethnic intimidation if, with malicious intention toward the actual or perceived race, color, religion, national origin, ancestry, mental or physical disability, sexual orientation, gender or gender identity of another individual or group of individuals...." Institutional Vandalism Yes 18 Pa. Stat. Ann. § 3307 ­ Covers desecration of places used for religious worship or other religious purposes, schools, and community centers. 18 Pa. Stat. Ann. § 5509 ­ Criminalizes desecration of venerated objects. Data Collection Yes 71 Pa. Stat. Ann. § 250(I) ­ Gives power and the duty for the State Police to collect information relating to crimes and incidents related to the race, color, religion or national origin of individuals and groups. Law Enforcement No No statute located under this heading. Training Rhode Island Penalty Enhancement Yes R.I. Gen. Laws § 12-19-38. Hate Crime Sentencing Act - Enhances the penalty where the defender selects a victim because of hatred toward the actual or perceived disability, religion, color, race, national origin or ancestry, sexual orientation, or gender of that person. Institutional Vandalism Yes R.I. Gen. Laws § 11-44-31 ­ Covers the desecration of places of public assemblage, including places used for religious worship or other religious purposes, and buildings used for educational purposes or as a community meeting place. Data Collection Yes R.I. Gen. Laws § 42-28-46 ­ Provides for the development of a system monitoring the occurrence of, and collecting data regarding CRS-21 crimes motivated by racial, religious, ethnic bigotry or bias on any other matter defined as a hate crime. Law Enforcement Yes R.I. Gen. Laws § 42-28.2-8.1 ­ The Training commission on standards and training shall prepare and publish mandatory training standards to provide instruction for police officers in identifying, responding to and reporting all incidents of "hate crimes." South Carolina Penalty Enhancement No No statute located under this heading. Institutional Vandalism Yes S.C. Code Ann. § 16-11-535 ­ Covers wilful injury to any place of worship. S.C. Code Ann. § 16-11-110(B) ­ Covers church burning. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training South Dakota Penalty Enhancement Yes S.D. Cod. Laws § 22-19B-1 ­ "No person may maliciously and with the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry or national origin." Institutional Vandalism No No statute located under this heading. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training Tennessee Penalty Enhancement Yes Tenn. Code Ann. § 40-35-114 ­ Imposes additional penalties for hate crimes when "the defendant intentionally selects the person against whom the crime is committed or selects the property that is damaged....because of the actor's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin, ancestry of gender of that person or of the owner or occupant of that property." Tenn. Code Ann. § 39-17-309 ­ Outlaws civil rights intimidation based on the same factors. Institutional Vandalism Yes Tenn. Code Ann. § 40-35-114 Data Collection No No statute located under this heading. CRS-22 Law Enforcement No No statute located under this heading. Training Texas Penalty Enhancement Yes Tex. Code Crim. Proc. Art. 42.014 ­ Finding that offense was committed because of bias or prejudice. Tex. Penal Code §12.47 ­ Authorizes sentencing enhancement on the basis of that finding. Institutional Vandalism Yes Tex. Penal Code § 28.08 ­ Cover graffiti or other markings on place of worship. Tex. Penal Code § 28.03(f) ­ Covers damage or destruction to a place of worship Data Collection Yes Tex. Gov. Code § 411.046 ­ Provides for the establishment and maintenance of a central repository for the collection and analysis of information relating to crimes that are motivated by prejudice, hatred, or advocacy of violence. Law Enforcement No No statute located under this heading. Training Utah Penalty Enhancement Yes Utah Code Ann. § 76-3-203.3 ­ Penalty for hate crimes - Civil rights violation. Covers an act which causes the victim to fear for his physical safety or damages the property of that person or another. Institutional Vandalism No No statute located under this heading. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training CRS-23 Vermont Penalty Enhancement Yes 13 Vt. Stat. Ann. § 1455 ­ Imposes additional penalties for "a person who commits, causes to be committed or attempts to commit any crime and whose conduct is maliciously motivated by the victim's actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the armed forces of the United States, handicap, sexual orientation or gender identity." Institutional Vandalism No No statute located under this heading. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training Virginia Penalty Enhancement Yes Va. Code Ann. § 18.2-57 ­ Imposes additional penalties "if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, color or national origin." Institutional Vandalism Yes Va. Code Ann. § 18.2.127 ­ Covers willful or malicious injury to places of worship. Va. Code Ann. § 18.2.138 ­ Covers destruction of property within places of worship. Data Collection Yes Va. Code Ann. § 52-8.5 ­ Covers reporting hate crimes. Law Enforcement No No statute located under this heading. Training Washington Penalty Enhancement Yes Wash. Rev. Code § 9A.36.080 ­ "A person is guilty of malicious harassment if he or she maliciously and intentionally commits one of the following acts because of his or her perception of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap." Institutional Vandalism Yes Wash. Rev. Code § 9A.36..080(2)(a) ­ Covers Cross burnings. Wash. Rev. Code § 9.61.160 ­ Covers threats to bomb or injure places of worship or public assembly. CRS-24 Data Collection Yes Wash. Rev. Code § 36.28A.030 ­ Provides for creation of central repository for the collection and classification of information regarding crimes of bigotry or bias. Law Enforcement Yes Wash. Rev. Code § 43.101.290 ­ Mandates Training training in identifying, responding to, and reporting crimes of bigotry and bias. West Virginia Penalty Enhancement Yes W. Va. Code Ann. § 61-6-21 ­ Covers prohibiting violations of an individual's civil rights and makes commission of a crime because of the victim's race, color, religion, ancestry, national origin, political affiliation or sex an aggravating circumstance in imposing sentence. Institutional Vandalism No No statute located under this heading. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training Wisconsin Penalty Enhancement Yes Wis. Stat. Ann. § 939.645 ­ "If a person does all of the following, the penalties for the underlying crime are increased....(b)Intentionally selects the person against whom the crime under par. (a) is committed or selects the property that is damaged or otherwise affected by the crime under par. (a) in whole or in part because of the actors belief or perception regarding the race, religion, color, disability, sexual orientation, national origin or ancestry of that person or the owner or occupant of that property..." Institutional Vandalism Yes Wis. Stat. Ann. § 943.012 ­ Covers criminal damage to or graffiti on religious and other property. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training CRS-25 Wyoming Penalty Enhancement Yes Wyo. Stat. § 6-9-102 ­ Outlaws civil rights violations on the basis of race, color, sex, creed, or national origin.. Institutional Vandalism No No statute located under this heading. Data Collection No No statute located under this heading. Law Enforcement No No statute located under this heading. Training ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33099