What Are the Penalties for a Hate Crime?
Hate crimes gained national attention following the church shootings by Dylan Roof, which left nine people killed in a Charleston, South Carolina. From statements he made, we know that the attack was racially motivated.
In most states, Roof would be charged with a hate crime. However, South Carolina is one of the few states to not have a hate crime law. The Department of Justice is investigating the shooting as a hate crime, but has not announced yet whether or not they'll charge Roof with a hate crime under federal law.
When criminals such as Roof are charged with hate crimes, what penalties could they face?
What Is a Hate Crime?
The federal government and almost all 50 states have hate crime laws. A hate crime is defined as attacking a person because of a specific characteristic. Common grounds for a hate crime include race, religion, or national origin.
Under federal law, U.S. Code section 249 defines a hate crime as "willfully causing bodily injury to any person or ... attempting to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person." Normally, the punishment for a hate crime is a maximum of 10 years in prison. However, if the hate crime involved kidnapping, sexual assault (attempted or completed), attempted murder, or resulted in death, then the punishment can be any length of time up to life in prison.
State hate crime laws vary not only in the length of punishment, but also as to the grounds for the crime.
- California -- California's hate crime statutes covers attacks motivated by the victim's disability, gender, nationality, race or ethnicity, religion, or sexual orientation. Punishment for a hate crime include up to one year in prison, a maximum fine of $5,000, and as much as 400 hours of community service.
- Idaho -- Idaho is one of the few states that does not include sexual orientation as a protected ground for a hate crime.
- Florida -- Florida was one of the first states to pass a law making it a hate crime to attack a person because he or she is homeless. The penalty for a hate crime in Florida is an enhancement. For example, a misdemeanor of the second degree becomes a misdemeanor of the first degree if an attack is charged as a hate crime.
As for Dylan Roof, if he is charged and convicted of under federal law, he will likely spend the rest of his life in prison.
- North Carolina Killings: What Is a Hate Crime? (FindLaw's Blotter)
- Filipino Man Killed in NYC; Was It a Hate Crime? (FindLaw's Blotter)
- Attack on Gay Couple Spurs New Philly Hate Crime Law (FindLaw's Blotter)
- Is Being Gay a Defense to Gay Hate Crime? (FindLaw's Legally Weird)
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