FAQs

Even though a hate crime often involves a violent crime (e.g., assault, murder, arson, vandalism, or threats to commit such crimes), hate crimes differ from other violent crimes in three ways: the victims, the motive(s), and the perpetrators. First, the victims are targeted because of an unchangeable aspect about their core identity: “what they look like, who they are [or are perceived to be], where they worship, whom they love, or whether they have a disability” (see the U.S. Department of Justice, Civil Rights Division, "Hate Crimes Prosecutions"). Second, prosecutors do not generally have to prove “why” someone committed the crime. Hate crime prosecutions are one of the rare exceptions to this rule; to obtain a hate crime conviction, prosecutors must prove that the act was committed (in whole or in part, depending on the jurisdiction) because of the protected characteristics of the victim (e.g., race, ethnicity, ancestry, religion, sexual orientation, disability, gender, or gender identity). Third, the perpetrators seek to terrorize the individual victim, and the harm of such attacks can reverberate through the community and across the nation.

A hate incident is an act of prejudice that is not a crime and does not involve violence, threats, or property damage. Some hate incidents may also be unlawful discrimination. (See this flyer on hate crimes and hate incidents from the U.S. Department of Justice [DOJ], Civil Rights Division.)

For further information, refer to Resource - "Understanding Hate Incidents and Hate Crimes - Hate Crimes TTA Program" and the U.S. Department of Justice's flyer on hate crimes and hate incidents. See also DOJ's "Learn About Hate Crimes" page and this website.

Examples of Hate Incidents

• A student uses anti-LGBTQ slurs to call out a transgender individual.
• A homeowner displays a Nazi swastika flag in the living room window of her house.
• Flyers containing demeaning caricatures depicting an ethnic group are thrown on lawns.

"Hate speech" is not a legal term. In general, this term refers to “words or symbols promoting and inciting hatred, discrimination, or violence against a protected group” (Office of Juvenile Justice and Delinquency Prevention, Hate Crimes and Youth). 

Even though hate speech is hurtful and offensive, it is constitutionally protected by the First Amendment and considered a hate incident as long as the speech does not rise to the level of criminal activity. When hate speech crosses the line from rhetoric to violence (e.g., incitement of violence, a specific threat of violence against a person or group), the speech loses its First Amendment protection and can be criminalized and prosecuted.  For further information, refer to Resource - Understanding Hate Incidents and Hate Crimes - Hate Crimes TTA Program.

This is a common question that involves key distinctions in the status and legal consequences of each. 

Hate speech (i.e., "words or symbols promoting and inciting hatred, discrimination, or violence against a protected group" [Office of Juvenile Justice and Delinquency Prevention, Hate Crimes and Youth]) is constitutionally protected as long as the speech does not rise to the level of criminal activity. Under those circumstances, hate speech incidents, like other hate incidents, are acts of prejudice; since they do not involve criminal acts, they are not punishable.

However, when hate speech crosses the line from rhetoric to violence (e.g., incitement of violence, a specific threat of violence against a person or group), the speech loses its First Amendment protection. Under these narrow circumstances, hate speech could be considered a hate crime and prosecuted accordingly.

To be clear, a hate crime is more than simply offensive speech or conduct. It is specific criminal behavior that ranges from property crimes like vandalism and arson to acts of intimidation, assault, and murder. The Supreme Court has upheld laws that either criminalize these acts or impose a harsher punishment when it can be proved that the defendant targeted the victim because of the victim’s actual or perceived protected characteristics (e.g., race, ethnicity, religion).

For detailed information, please refer to Understanding Hate Incidents and Hate Crimes.

Even though a hate incident may not involve a crime, it is always important to report hate incidents. Hate incidents frighten and harass those who see them or who become aware of them. Documenting incidents helps law enforcement agencies identify patterns and trends and thus informs prevention efforts and educational campaigns. It is also important to understand that ignoring hate incidents may lead perpetrators to engage in more serious acts.

It is critical to report hate crimes not only to show support and get help for victims but also to send a clear message that the community will not tolerate these kinds of crimes. Reporting hate crimes allows communities and law enforcement to fully understand the scope of the problem in a community and put resources toward preventing and addressing attacks based on bias and hate.

Similarly, when law enforcement agencies report their respective jurisdictional data to the Federal Bureau of Investigation National Incident Based Reporting System (NIBRS), it allows the law enforcement community to recognize hate crime trends and patterns. In turn, the statistics inform law enforcement programs designed to address hate crimes in their communities.

For further information, refer to the U.S. Department of Justice’s "Learn About Hate Crimes" page.

Individuals who have experienced a hate incident:

• May dial 9-1-1 or call the local police to report the hate crime or incident.
• May report it to the state or local hate crime hotline.
• May report the hate incident to the U.S. Department of Justice Civil Rights Division.

Individuals who have experienced a hate crime:

• May dial 9-1-1 or call the local police to report the hate crime or incident.
• May report the hate crime to the Federal Bureau of Investigation.
  • Online: tips.FBI.gov
  • Phone: (800) 225-5324

For further information, refer to the U.S. Department of Justice's "Learn About Hate Crimes" page.

Federal law enforcement and many state, local, Tribal, and territorial law enforcement agencies participate in hate crimes data collection by submitting their respective jurisdictional data to the Federal Bureau of Investigation National Incident Based Reporting System (NIBRS).

For further information, refer to the U.S. Department of Justice's "Learn About Hate Crimes" page.

Hate crimes are at epidemic levels in this nation. Law enforcement agencies reported 9,065 bias-motivated crimes in the United States for 2021. This represents an increase of 11.6 percent over the previous year. The most prevalent crimes were those targeting victims because of the offenders’ race/ethnicity/ancestry bias. 

For information about hate crime reporting in jurisdictions across the United States, refer to the U.S. Department of Justice's state data on hate crimes.

Federal Hate Crime Laws and Policies
The U.S. Department of Justice (DOJ) enforces federal hate crimes laws that cover certain crimes committed on the basis of race, color, religion, national origin, sexual orientation, gender, gender identity, or disability. Federal prosecutors have a range of statutory options for prosecuting bias-motivated conduct depending upon the context. For information about federal hate crime laws and policies, refer to “Learn About Hate Crimes” page and [the Resources tab on the Hate Crimes TTA website].

State Hate Crime Laws
Most hate crimes are investigated and prosecuted by state, local, Tribal, or territorial law enforcement authorities. The statutory bases for the charges may differ from state to state. Many cases are prosecuted as an independent hate crimes offense (e.g., burning a cross or religious symbol, placing a noose without permission, terrorizing, defacing a place of worship or burial, malicious harassment, ethnic intimidation) or as a violation of generally applicable state criminal laws (murder, arson, vandalism). Most jurisdictions have penalty enhancements for bias-motivated crimes, which result in the imposition of an increased sentence upon the offender as punishment for committing the hate crime. 

Nearly all states and the District of Columbia have hate crime laws covering specific biases against a victim’s or group’s characteristics. However, different jurisdictions include different bias motivations. The most commonly recognized bias motivations are race, national origin, and religion. More than half of the states also include sexual orientation, gender identity, and disability. Some states cover gender/sex, and only a few states cover political affiliation and other protected characteristics.

For resources addressing state hate crime laws, refer to DOJ’s Table Showing the Federal Bias Categories Included in State Laws and the Resources tab on the Hate Crimes TTA website.

The Role of Law Enforcement Agencies
Law enforcement agencies serve a critical role in preventing and responding to hate crimes. Agencies should pursue a comprehensive response to hate crimes. Enhancing hate crimes response practices requires the ongoing participation and support of law enforcement, prosecutors, residents, schools, religious institutions, and civil rights and community-based organizations in five critical areas: Law enforcement agencies serve a critical role in preventing and responding to hate crimes. Agencies should pursue a comprehensive response to hate crimes. Enhancing hate crimes response practices requires the ongoing participation and support of law enforcement, prosecutors, residents, schools, religious institutions, and civil rights and community-based organizations in five critical areas:

• Community–Law Enforcement Collaboration
• Training and Education
• Data Collection, Reporting, and Analysis
• Hate Incident and Crime Management Policies and Responses for Law Enforcement
• Role of Prosecutors

The goal is to build safer and more inclusive communities, hold perpetrators accountable, and pursue justice to the fullest extent of the law. For information about investigation of hate crimes and a model policy, refer to https://www.theiacp.org/resources/policy-center-resource/hate-crimes.

It is important to refer to the jurisdiction’s hate crimes law to determine what it includes and whether the terms are statutorily defined. The distinctions among these terms are nuanced, but they share some overlapping concepts. “Race” generally refers to a group of people who share physical traits based upon some common ancestry (e.g., American Indian or Alaska Native, Asian, Black or African American, Native Hawaiian or Other Pacific Islander, and White). By comparison, “ethnicity” refers to a group of people who share a common culture and history (e.g., an individual may be Asian but ethnically Japanese). Ancestry refers to an individual’s line of descent (i.e., lineage) (definition of "ancestry" on Merriam-Webster).

Yes. Hate crimes prosecutions serve important public interests by protecting vulnerable individuals and groups from violence and prejudice, promoting justice, contributing to a more inclusive and equitable society, and deterring other acts of prejudice and violence. Holding perpetrators accountable for their bias-motivated actions is essential to public safety and sends the message that we will not tolerate hate crimes in our communities.

Yes. Our federal system of government provides for “dual sovereignty.” The federal and state governments are separate sovereignties with different equities and different laws. Subject to certain limitations, the federal and state governments may bring successive prosecutions against an individual for an act that is a crime in both state and federal jurisdictions.

No. When used in a hate crime law, the word "hate" does not mean rage, anger, or general dislike. In this context, “hate” refers to bias against people or groups with specific characteristics that are defined by the law. 

However, the perpetrator’s motivation does matter. Usually, in criminal cases, prosecutors do not have to prove why someone committed the crime. Hate crimes are an exception. By definition, a hate crime is a crime that is motivated by the victim’s actual or perceived race, ethnicity, religion, gender, sexual orientation, national origin, disability, or other protected characteristics (depending on the jurisdiction). An identified bias (set forth in the jurisdiction’s hate crimes law) must have motivated, in whole or in part, the criminal actions of the perpetrator. In other words, the act must have been committed because of the protected characteristics of the victim or group.

For further information, refer to the U.S. Department of Justice's "Learn About Hate Crimes" page.

Yes. Intent and motive are distinct concepts. Motive is the reason why an individual chooses to engage in criminal conduct, prompting the individual to develop an intention. By comparison, intent refers to an individual's resolve or determination to commit a crime.

Consider this scenario:

• An Asian high school student is wearing her school colors and walking down the street. Teenagers shoot paintballs at the victim without her consent.
• ASK: Why is it important to know the motivation?
  • If the teenagers did so because they dislike the victim’s school, then this is a battery.
  • But what if the teens shouted anti-Asian slurs at the female student immediately before the attack? If this and other evidence proves that but for the victim’s race, the teenagers would not have shot her with paintballs, then the teenagers should be charged with hate crimes.
  • Understanding the difference between intent and motive is critical.
  • In both instances, the teenagers’ mens rea (criminal intent) is the same—they willfully used unlawful force against the victim without her consent.
  • However, the reason why they used force is different. In the second scenario, the teenagers intentionally selected her because of their racial bias.
  • It is the perpetrators' bias motivation that makes this act a hate crime.
• Hate crime statutes address motivation by enhancing the penalty for the underlying crime. A defendant who is convicted of a hate crime for committing a certain act will face a longer term of imprisonment than another person who committed the same crime but who lacked bias as a motivation.

A perpetrator of a hate crime can be a member of the same group as the victim. What matters is the motivation; the central question is whether the crime was motivated by the victim’s perceived or actual race, color, religion, national origin, sexual orientation, gender, gender identity, disability, or other characteristics protected under the laws of the jurisdiction

Yes. This question reveals a core concept underpinning hate crime laws. Hate crimes are bias-motivated crimes that occur because the perpetrator is prejudiced or biased against a particular group or identity. What matters is the perceived identity of the victim or location.

Even if a perpetrator is mistaken about the victim's identity, the targeting of that victim can still qualify as a hate crime. For example, consider a perpetrator who intended to murder an individual of the Muslim faith but instead targeted an adherent of the Sikh religion, mistakenly believing the victim to be Muslim. The perpetrator could be charged and prosecuted for a hate crime if the evidence shows that the perpetrator was motivated by bias or prejudice against Muslims. A mistake about the victim's identity (i.e., membership in a group) would not be a defense against a hate crimes charge.

Perpetrators of hate crimes seek to terrorize not only the individual victim but also the entire community associated with the victim’s characteristics. Perceived identity serves as a driver motivating the commission of a hate crime, providing the basis for the imposition of additional penalties for bias-motivated crimes.

In jurisdictions with penalty enhancements, a defendant will face a longer term of imprisonment than another person who committed the same crime but who lacked bias as a motivation. This punishment would be in addition to other possible punishments imposed on the perpetrator by the judge (e.g., fine, restitution, community service, treatment program, counseling, educational remediation). In some circumstances, the death penalty may be available.

At the federal level, the penalties under federal hate crime statutes include fines, imprisonment, or both. The statutes provide for a graduated framework that authorizes increased maximum penalties in instances in which the defendant’s criminal activity caused particular harms (e.g., bodily injury, death). The death penalty is authorized in specified circumstances.

For more information about federal hate crime laws, refer to the Law and Policies page on the U.S. Department of Justice Hate Crimes website.

The Matthew Shepard and James Byrd, Jr. Hate Crimes Training and Technical Assistance (TTA) Program (Hate Crimes TTA Program) is funded by the Bureau of Justice Assistance (BJA), Office of Justice Programs, U.S. Department of Justice. The program provides tailored technical assistance, resources, and project management guidance to all Shepard-Byrd and Community-based Hate Crimes Program grantees, other hate crimes-related grantees, and the field. Founded in 2021, the Shepard-Byrd Hate Crimes Program supports state, local, and Tribal law enforcement, prosecution agencies, and community-based organizations by facilitating training, outreach, and education of practitioners and the public as they develop comprehensive approaches to prevent, investigate, and prosecute hate crimes and assist victims and communities that are facing an increase in hate crimes.

The Hate Crimes TTA Program supports BJA grantees and other local, state, and Tribal agencies and community-based organizations by:

• Identifying resources and materials such as policies, guidelines, outreach tools, and other relevant publications that support program activities
• Providing skilled subject-matter experts to collaborate with site personnel and provide guidance on best practices and tailored solutions through virtual consultations and on-site visits.
• Facilitating peer-to-peer learning opportunities enabling project sites to connect with peers and subject-matter experts to share information and promising practices.
• Addressing shared challenges, needs, lessons learned, and promising practices through moderated discussion boards and topic-focused virtual and in-person convenings.
• Supporting development of project-focused action plans to identify gaps, establish priorities, and develop tailored TTA to successfully achieve project goals and objectives.
• Providing speakers and subject-matter experts for training events, webinars, and live virtual events to educate stakeholders and build capacity.

For additional information about the Shepard-Byrd Hate Crimes Program, visit the program’s website. To learn more about BJA, visit www.bja.gov. You can also follow BJA on Facebook and X/Twitter.