A hate crime is bias-motivated crime that occurs because the perpetrator has a prejudice against the victim’s membership to a group. Hate crimes may be directed toward individuals because of their sex, religion, gender identity, sexual orientation, ethnicity, language, physical appearance, or nationality.
What Constitutes a Hate Crime?
While the word “hate” is often used to describe rage, anger, or general dislike, in the legal sense, hate refers to the bias against people or groups of people with specific characteristics that are defined by law. Current federal hate crime laws in the United States cover crimes committed on the basis of a victim’s perceived or actual race, color, religion, national origin, sexual orientation, gender, gender identity or disability. States may have their own laws that may not include the same categories as federal laws.
Motivation
While it’s difficult to understand why anyone would commit a hate crime, extensive research has gone into trying to better understand the motivation behind hate crimes. Studies conducted by the FBI found four main motives for hate crimes:
Thrill-seeking: Perpetrators may be looking for excitement and drama. They pick on vulnerable populations as a way to gain attention. Quite often, thrill-seekers engage in physical attacks on individuals.
Defensive: Some perpetrators believe they are protecting their communities against a group by committing a hate crime. They sometimes think that society supports them but they believe other individuals don’t dare step forward and take action like they do.
Retaliatory: Perpetrators who commit hate crimes are sometimes looking for revenge. This may be in response to anything from a personal slight to an act of terrorism.
Mission offenders: Some perpetrators engage in hate crimes for ideological reasons. They consider themselves crusaders. They sometimes target symbolically important sites to try and maximize damage. This form sometimes overlaps with terrorism and the FBI considers the rarest and most dangerous kind of hate crime.
“Learn about Hate Crimes.” Hate Crimes | United States Department of Justice | Hate Crimes | Learn More, 2 July 2024, www.justice.gov/hatecrimes/learn-about-hate-crimes.
What is a hate crime?
What are the laws in place?
There are actually no federal laws in place that specifically apply to bullying. However, bullying someone based on their race, gender, sexual orientation, religion, disability, or nationality is considered a hate crime. In that case, there are several acts and laws in place.
Title VI of the Civil Rights Act (1964)
Prohibits discrimination on the basis of race, nationality, or color.
Title IX (1972)
Prohibits sex-based discrimination in education.
The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (2009)
Enhances penalties for hate crimes motivated by race, religion, national origin, gender, sexual orientation, gender identity, or disability. It allows federal authorities to intervene if local authorities are unwilling or unable to prosecute.
“Laws and Policies.” Hate Crimes | United States Department of Justice | Hate Crimes, 13 Sept. 2024, www.justice.gov/hatecrimes/laws-and-policies.
New Jersey specifically has some of the strongest anti-bullying and hate crime legislation.
The New Jersey Anti-Bullying Bill of Rights Act (2011)
Requires schools to adopt anti-bullying policies and provides a clear definition of bullying, which includes harassment, intimidation, or bullying (HIB) based on a wide range of personal characteristics.
Schools must investigate incidents, report them, and take steps to prevent further bullying.
New Jersey Law Against Discrimination (NJLAD):
Strictly prohibits discrimination based on race, religion, gender, sexual orientation, gender identity, national origin, disability, and other protected characteristics. It covers employment, housing, and public accommodations.
The New Jersey Bias Intimidation Statute (N.J.S.A. 2C:16-1):
Enhances penalties for crimes motivated by bias. Covers offenses where the perpetrator commits or threatens violence, property damage, or intimidation due to the victim's race, color, religion, gender, sexual orientation, disability, gender identity, or national origin.
Assistant Secretary for Public Affairs (ASPA). “New Jersey Anti-Bullying Laws & Policies.” StopBullying.Gov, 17 May 2023, www.stopbullying.gov/resources/laws/new-jersey.