Any act classified as a crime is illegal by its nature, and some include the element of intent to commit a certain act in order to find a person guilty of the offense. However, the motivation behind a criminal act, i.e. what pushed a person to do a specific thing, is not necessarily relevant to the outcome of a criminal prosecution. One large exception to this general rule is hate crimes. Indiana is one of five states without any hate crime legislation on the books, and recent efforts to pass this type of law have failed. However, Governor Eric Holcomb is supporting the passage of a hate crime bill, expected to be reintroduced in the 2019 legislative session, including a version that protects against attacks based upon a person’s sexual orientation.
While Indiana does not have hate crime laws that increase sentences for illegal acts targeted against minorities, it does classify and report such bias crimes to the federal government, which does have hate crime statutes federal prosecutors can use to press charges. Opponents of these laws argue they unreasonably infringe on free speech, with supports citing the increase of vandalism and assaults on ethnic and religious minorities in recent years. This debate will continue, but understanding what constitutes a bias crime, and how the federal government classifies certain acts as hate crimes is important for those accused. A discussion of this issue will follow below.
Indiana Definition of Bias Crime
Hate crimes generally include two characteristics – an underlying crime and an additional motivation to harm a particular person due to certain characteristics and what the aggressor believes. Local law enforcement is required to report hate crime to the State every year for the collection of statistical information on these incidents, which is often passed to the FBI’s hate crime collection database. Because Indiana does collect this information, and requires law enforcement to label certain acts as hate crimes, there is a definition of “bias crime” that means committing a crime intentionally or knowingly by targeting a particular person as a result of that person’s, or damaging property because of the owner’s or occupant’s:
- Color;
- Creed;
- National origin;
- Disability;
- Race;
- Religion; or
- Sexual Orientation.
Association of the owner or occupant with a recognizable group or affiliation is also included. Note that targeting a victim because of perceived characteristics, even if not true, can still qualify as a bias or hate crime.
Federal Hate Crime Laws
The general purpose of hate crime laws is to impose mandatory sentence enhancements on those found to have committed such acts in order to deter discriminatory and violent behavior. Federal hate crime laws, which are only prosecutable by the Attorney General in specific circumstances mainly related to the interests of justice and states relinquishing jurisdiction, cover:
- Using a firearm, fire, explosive or other incendiary weapon;
- In an attempt to cause or causes great bodily injury;
- Due to actual or perceived characteristics related to race, color, religion, or national origin, sexual orientation, gender, disability, or gender identity.
The sentencing provisions for those convicted of hate crimes allow a court to add up to 10 years for general bodily harm, and up to life in prison if the criminal act caused death or involved kidnapping, sexual assault, or the attempt to commit these acts, or an attempt to kill. Thus, the possible implications of a hate crime charge should not be underestimated, and an experienced criminal defense attorney should be consulted about responding to these allegations.
Get Legal Advice
Criminal charges should always be taken seriously because the consequences can last a lifetime. If you are facing or have been charged with a crime, talk to experienced criminal defense attorney Christopher L. Arrington, P.C. He understands how overwhelming the criminal process is, and will fight to get you the best possible outcome. Contact the Danville office to schedule an appointment.