Hate Crime Laws by State (2026)
How each state handles hate crimes and the penalties, from each state's code.
| State | Hate crimes |
|---|---|
| Alabama | Yes. Alabama's hate crime law raises the minimum sentence when a crime is proven beyond a reasonable doubt to have been motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability. The minimum becomes 15 years for a Class A felony, 10 years for a Class B felony, 2 years for a Class C felony and 18 months for a Class D felony. A misdemeanor is sentenced as a Class A misdemeanor with a minimum of three months. Ala. Code 1975 § 13A-5-13 |
| Alaska | Alaska has no separate hate crime offense in the sections reviewed, but bias is a sentencing aggravating factor. If the defendant knowingly directed the crime at a victim because of the person's race, sex, color, creed, physical or mental disability, ancestry or national origin, the judge may increase the prison term above the presumptive range, up to the maximum for the offense. Sexual orientation and gender identity are not listed in this factor. AS 12.55.155(a), (c)(22); AS 12.55.035, 12.55.125, 12.55.135 |
| Arizona | Arizona has no separate hate crime offense; bias works as a sentencing aggravator. Evidence that the defendant committed a crime out of malice toward the victim because of the victim's actual or perceived identity in a listed group (race, color, religion, national origin, sexual orientation, gender, antisemitism or disability) is an aggravating circumstance. A found aggravator lets the court impose more than the presumptive term, up to the aggravated (highest) term, and if no mitigating factor is found the court must impose an aggravated sentence. A.R.S. §§ 13-701(C), (D)(15), (F); 41-1750(A)(3) |
| Arkansas | Arkansas does not have a separate hate crime offense, but it has a delayed-release enhancement. If the state proves beyond a reasonable doubt that a defendant committed a serious felony involving violence and purposely selected the victim because the victim belonged to or was associated with a recognizable group sharing mental, physical, biological, cultural, political or religious beliefs or characteristics, the person is not eligible for parole until serving at least 80% of the sentence. The circumstance must be alleged in the charging papers, and a defendant's abstract beliefs alone do not qualify. Ark. Code Ann. § 5-4-405 |
| California | Yes. California defines a hate crime as a criminal act committed in whole or in part because of the victim's actual or perceived disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with those characteristics. Using force or threats to interfere with someone's civil rights because of those characteristics, or damaging their property to do so, can be charged as a misdemeanor or felony (up to 1 year and/or $5,000, or under Pen. Code 1170(h)) plus up to 400 hours of community service. A misdemeanor hate crime with specified aggravating circumstances can be charged as a felony with a fine up to $10,000. A felony committed as a hate crime adds 1, 2 or 3 years in state prison, or 2, 3 or 4 years if done in concert with others, and 1 more year for each prior hate-crime felony. Cal. Pen. Code 422.55, 422.6, 422.7, 422.75; Pen. Code 17, 18, 19, 1170(h) |
| Colorado | Yes. A bias-motivated crime is committed when, intending to intimidate or harass someone at least partly because of the person's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, sexual orientation or transgender identity, a person knowingly causes bodily injury, places the person in fear of imminent lawless action, or damages the person's property. Causing bodily injury is a class 5 felony (class 4 if aided by others); threats or property damage are a class 1 misdemeanor. For a first-time offender the court must consider community service and, if the victim asks, restorative justice in addition to the sentence. C.R.S. § 18-9-121 |
| Connecticut | Connecticut has separate bias crimes called intimidation based on bigotry or bias, covering actual or perceived race, religion, ethnicity, disability, sex, sexual orientation and gender identity or expression. Causing physical injury with that motive is first degree, a class C felony (1 to 10 years); physical contact, property damage or a credible threat is second degree, a class D felony; damaging property or threatening or urging others to do so is third degree, a class E felony, each with part of the fine not reducible. A repeat bias offender is sentenced at the next more serious class. Depriving someone of civil rights on account of a protected trait while wearing a mask or hood is a class D felony. Conn. Gen. Stat. §§ 53a-181j, 53a-181k, 53a-181l, 53a-40a, 53-37a |
| Delaware | Delaware's hate crime law raises the grade of any crime committed because of the victim's actual or perceived race, religion, color, disability, sexual orientation, sex, age, gender identity, national origin or ancestry, or to interfere with First Amendment rights. A violation or unclassified misdemeanor becomes a class A misdemeanor; a class A, B or C misdemeanor becomes a class G felony; a class C through G felony is raised one grade; and for a class A or B felony the grade stays the same but the minimum prison term is doubled. Hate crimes are tried in Superior Court. 11 Del. C. § 1304 |
| District of Columbia | D.C. has a bias-related crime enhancement. A listed crime that shows the offender's prejudice based on the victim's actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibility, homelessness, disability, matriculation or political affiliation can be punished by up to 1.5 times the normal maximum fine and prison term. Prejudice need not be the only reason for the act. D.C. Code §§ 22-3701, 22-3703 |
| Florida | Florida raises the penalty one level when a crime evidences prejudice based on the victim's race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status or advanced age (over 65): a second-degree misdemeanor becomes first degree, a first-degree misdemeanor becomes a third-degree felony, and each felony moves up one degree (a first-degree felony becomes a life felony). The record must show the defendant knew or had reason to know the victim was in the protected group, and victims of bias intimidation can sue for triple damages. Fla. Stat. § 775.085 |
| Georgia | Georgia has a hate crime sentencing enhancement. If the judge or jury finds beyond a reasonable doubt that the defendant intentionally chose the victim or property because of actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability or physical disability, the sentence is increased: for designated misdemeanors, 6 to 12 months in jail and a fine of up to $5,000; for felonies, at least 2 years and a fine of up to $5,000. The prosecutor must give advance notice, and the judge must state the amount of the increase. O.C.G.A. §§ 17-10-17, 17-10-18 |
| Hawaii | Hawaii has no separate hate crime offense; bias supports an extended prison term. A person convicted of a felony against a person or property (chapters 707, 708 or 711) who intentionally chose the victim or property because of hostility toward actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation is a 'hate crime offender.' If a jury finds this beyond a reasonable doubt and that a longer term is needed to protect the public, the court may impose an extended term: an indeterminate life term for a class A felony, 20 years for class B and 10 years for class C. Haw. Rev. Stat. §§ 706-661, 706-662(6) |
| Idaho | Idaho's hate crime law is the crime of malicious harassment: maliciously and with specific intent to intimidate or harass someone because of that person's race, color, religion, ancestry or national origin, causing physical injury, damaging or defacing their property (including cross-burnings or racial or religious terror symbols), or threatening to do so. It is a felony punishable by up to 5 years in prison and/or a $5,000 fine, and the victim may also sue for damages, including emotional distress, attorney fees and punitive damages. The statute's list does not include sexual orientation, gender identity, sex or disability. Idaho Code §§ 18-7902, 18-7903 |
| Illinois | Yes. Illinois has a separate hate crime offense: committing assault, battery, aggravated assault, intimidation, stalking, cyberstalking, misdemeanor theft, criminal trespass, misdemeanor criminal damage to property, mob action, disorderly conduct, or certain harassment offenses because of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status or national origin of another person or group. Hate crime is a Class 4 felony (1 to 3 years) for a first offense and a Class 2 felony (3 to 7 years) for a repeat; a first offense is a Class 3 felony (2 to 5 years) if committed at or near a place of worship, cemetery, school, public park or ethnic or religious community center. Courts must order restitution or a fine, and probation must include at least 200 hours of community service (where available) and an in-person anti-bias education program. For any crime, bias against a person for these kinds of characteristics is also a sentencing aggravating factor that can support a more severe sentence. 720 ILCS 5/12-7.1(a), (b), (b-5), (b-10); 730 ILCS 5/5-5-3.2(a)(10); 730 ILCS 5/5-4.5-25 to -65 |
| Indiana | Indiana has no separate hate crime offense; it uses a sentencing aggravator. When sentencing for any crime, the court may consider as an aggravating circumstance that the person committed the offense with bias due to the victim's or a group's real or perceived characteristic, trait, belief, practice, association or other attribute the court chooses to consider, including the attributes in the state bias-crime reporting definition: color, creed, disability, national origin, race, religion, sexual orientation, or association with another recognizable group. The law does not change the offense's level; the bias is weighed by the judge in choosing a sentence within the range for that level. IC 35-38-1-7.1(a)(12); IC 10-13-3-1; IC 35-50-2-4 to -7, 35-50-3-2 to -4 |
| Iowa | Iowa has hate crime laws. A 'hate crime' is an assault, arson or explosives offense, criminal mischief or trespass committed against a person or property because of the person's race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age or disability, or their association with such a person. Arson and criminal mischief that are hate crimes are punished one degree higher than the underlying offense. Assault as a hate crime is a serious misdemeanor, an aggravated misdemeanor if it causes bodily injury, and a class D felony if done with intent to cause serious injury or with a dangerous weapon; trespass with intent to commit a hate crime is a serious misdemeanor, or aggravated if it causes injury or more than $300 of damage. Iowa Code §§ 729A.2, 708.2C, 712.9, 716.6A, 716.8(3)-(4) (Iowa Code 2026) |
| Kansas | Kansas does not have a separate hate crime offense; instead, bias is a sentencing factor. If an offense was motivated entirely or in part by the victim's race, color, religion, ethnicity, national origin or sexual orientation (or the defendant's belief about them, even if mistaken), the judge may treat it as a substantial and compelling reason to impose an upward departure sentence above the presumptive grid range. Any such fact that raises the penalty, other than a prior conviction, must be proved to a jury beyond a reasonable doubt. K.S.A. 21-6815(b), (c)(2)(C) |
| Kentucky | Kentucky's hate crime law does not create a separate crime or raise the class of the offense. For listed crimes (including homicide, assault, menacing, wanton endangerment, terroristic threatening, unlawful imprisonment, sex offenses, burglary, arson, criminal mischief and riot), the sentencing judge may find by a preponderance of the evidence that a hate crime was a primary factor, meaning the person acted because of race, color, religion, sexual orientation or national origin, or because the victim is or is perceived to be a peace officer, firefighter or EMS worker. That finding may be the sole reason to deny probation or other alternatives to jail, and the Parole Board may use it to delay or deny parole. KRS 532.031 |
| Louisiana | Louisiana has a hate crime law. It applies when the offender selects the victim of a listed crime (including murder, battery, rape, kidnapping, arson, criminal damage to property, burglary, robbery, theft and others) because of actual or perceived race, age, sex, religion, color, creed, disability, sexual orientation, national origin or ancestry, membership or service in an organization, or employment as a law enforcement officer, firefighter or emergency medical services worker. It adds a consecutive sentence: up to six months and/or a $500 fine when the underlying crime is a misdemeanor, and up to 5 years with or without hard labor and/or a $5,000 fine when it is a felony. La. R.S. 14:107.2 |
| Maine | Maine has no separate hate crime offense that adds a set penalty; instead, its sentencing law directs that sentences reflect the offender's selection of the victim (or the property) because of race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation, gender identity or homelessness, and any discriminatory motive in a false public alarm. Separately, the Maine Civil Rights Act lets the Attorney General seek court orders against threats, violence or property damage motivated by those characteristics, and knowingly violating such an order or injunction is a Class D crime (less than 1 year and up to $2,000). 17-A M.R.S. § 1501(8)(B)-(C); 5 M.R.S. §§ 4681, 4684-A |
| Maryland | Maryland's hate crime law makes it a separate crime to commit or threaten a crime against a person or group, damage their property, burn an object on their property, or make a false police report about them, when motivated in whole or substantial part by race, color, religious beliefs, sexual orientation, sex, gender identity, disability, national origin or homelessness. It is a misdemeanor punishable by up to 3 years and/or $5,000; if the underlying crime is a felony, a felony punishable by up to 10 years and/or $10,000; and if a victim dies, a felony punishable by up to 20 years and/or $20,000. The court may also order an antibias education program. Md. Code, Crim. Law §§ 10-304, 10-306 |
| Massachusetts | Massachusetts has a hate crime law: committing an assault or battery on a person, or damaging their property, with intent to intimidate them because of race, color, religion, national origin, sexual orientation, gender identity or disability is punishable by up to 2.5 years in a house of correction and/or a fine up to $5,000, and the court may order restitution up to three times the property damage. A hate-crime battery causing bodily injury is punishable by up to 5 years in state prison and/or a fine up to $10,000, and up to 10 years if the offender was armed with a firearm. G.L. c. 265, § 39 |
| Michigan | Michigan's hate crime law (formerly ethnic intimidation) applies when a person, because of the victim's actual or perceived race or color, religion, sex, sexual orientation, gender identity or expression, physical or mental disability, age, ethnicity, national origin, or association with people having those traits, uses force or violence, causes bodily injury, stalks, damages property, or makes a true threat to do so. A first violation is a felony punishable by up to 5 years and/or $10,000 (a threat alone, up to 2 years and/or $5,000); a repeat violation, or one committed with others, against a minor by someone 19 or older, or while armed, is punishable by up to 10 years and/or $15,000. Victims may also sue for the greater of triple damages or $25,000, plus attorney fees. MCL 750.147b |
| Minnesota | Minnesota has bias-crime laws. Assault committed in whole or substantial part because of the victim's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity or expression, age, national origin or disability (or association with such a person or group) may be punished by up to 364 days and/or $3,000, and is a felony on a repeat within five years. For felony assaults (first, second and third degree) motivated by bias, the statutory maximum sentence is increased by 25 percent. Other bias provisions exist in the harassment and property-damage statutes. Minn. Stat. §§ 609.2231, subd. 4; 609.2233 |
| Mississippi | Yes. Mississippi's hate crime law lets the court enhance the penalty for any felony or misdemeanor committed because of the victim's actual or perceived race, color, ancestry, ethnicity, religion, national origin or gender, or because of the victim's work as a law enforcement officer, firefighter or emergency medical technician. The state must give notice, and a jury must find the motivation beyond a reasonable doubt in a separate sentencing proceeding. The maximum prison term and fine may be up to twice those authorized for the underlying offense. Miss. Code Ann. §§ 99-19-301, 99-19-305, 99-19-307 |
| Missouri | Yes. Missouri's hate offense law lets prosecutors charge certain crimes as hate offenses when they are knowingly motivated by the victim's race, color, religion, national origin, sex, sexual orientation or disability. Third-degree assault, first-degree harassment, first-degree property damage and certain unlawful-use-of-weapons offenses become class D felonies (up to 7 years), and fourth-degree assault, second-degree tampering, masked intimidation, second-degree property damage and first-degree trespass, among others, become class E felonies (up to 4 years). RSMo § 557.035 |
| Montana | Yes. Malicious intimidation or harassment (causing injury, fear of injury, or property damage, including cross burning, because of a person's race, creed, religion, color, national origin, or involvement in civil or human rights activities) is punishable by up to 5 years in prison, a fine of up to $5,000, or both. Any other offense committed for those reasons, or involving damage to a building regularly used for worship, can draw an added consecutive sentence of 2 to 10 years. MCA §§ 45-5-221, 45-5-222 |
| Nebraska | Yes. When certain listed crimes (including manslaughter, assault, terroristic threats, stalking, kidnapping, false imprisonment, sexual assault, arson, criminal mischief, graffiti and criminal trespass) are committed against a person or property because of the person's race, color, religion, ancestry, national origin, gender, sexual orientation, age or disability, or because of association with such a person, the crime is punished at the next higher penalty class, unless it is already a Class IB felony or higher. Neb. Rev. Stat. § 28-111 |
| Nevada | Yes. When a person willfully commits one of the listed crimes because of another person's actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation, or gender identity or expression, the court may add a consecutive prison term of 1 to 20 years, which may not exceed the sentence for the underlying crime. The characteristic must be proved beyond a reasonable doubt to be the primary cause of the crime, and an incidental remark alone is not enough. NRS 193.1675 |
| New Hampshire | Yes. If a jury finds beyond a reasonable doubt that the defendant was substantially motivated by hostility toward the victim's religion, race, creed, sexual orientation, national origin, sex or gender identity, and the defendant got at least 21 days' written notice, the court may impose an extended term: for a felony, a minimum of up to 10 years and a maximum of up to 30 years; for a misdemeanor, a minimum of up to 2 years and a maximum of up to 5 years. RSA 651:6, I(f), III(a)-(b) |
| New Jersey | Yes. Bias intimidation is a separate crime: committing, attempting or threatening listed offenses (such as assault, threats, homicide, kidnapping, sex offenses, criminal mischief, harassment and certain weapons offenses) to intimidate someone, or in a way that makes the victim reasonably believe they were targeted, because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity. It is a fourth-degree crime if the underlying offense is a disorderly persons offense; otherwise it is one degree higher than the underlying crime, and for a first-degree crime the ordinary term becomes 15 to 30 years. The bias conviction does not merge with the underlying offense, so both are sentenced, and the court may also order sensitivity training, counseling or payments to a victim-services program. Being mistaken about the victim's characteristic is not a defense. N.J.S. 2C:16-1 |
| New Mexico | Yes, as a sentencing enhancement under the Hate Crimes Act. If the judge or jury finds beyond a reasonable doubt that a noncapital felony was 'motivated by hate', meaning committed because of the victim's actual or perceived race, religion, color, national origin, ancestry, age (60 or older), disability, gender, sexual orientation or gender identity, the basic prison sentence may be increased by 1 year, or by 2 years if the offender had a prior hate-motivated conviction. The sentence may include community service, treatment or education. For hate-motivated misdemeanors and petty misdemeanors, the sentence may include an alternative sentence such as community service. NMSA 1978, 31-18B-2, 31-18B-3; NMSA 1978, 31-18-15, 31-19-1 |
| New York | Yes. A person commits a hate crime by committing a listed offense (including assault, menacing, homicide, sex offenses, kidnapping, burglary, criminal mischief, larceny, robbery, harassment and false reporting) and intentionally selecting the victim, or acting, because of a belief or perception about race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation. For a misdemeanor or a class C, D or E felony, the offense is treated as one category higher; a violent felony stays a violent felony; class B and A-I felonies get higher minimum sentences (for example, at least 20 years minimum for a class A-I felony). The court must also order a hate-crime prevention or education program when one is appropriate and available. N.Y. Penal Law 485.05, 485.10 |
| North Carolina | Yes, in limited form. If a misdemeanor is committed because of the victim's race, color, religion, nationality or country of origin, a Class 2 or 3 misdemeanor becomes a Class 1 misdemeanor and a Class A1 or Class 1 misdemeanor becomes a Class H felony. Ethnic intimidation (assaulting someone, damaging their property, or threatening to, because of the same characteristics), and teaching others to do so, is a separate Class 1 misdemeanor. The sections read do not list sexual orientation, gender identity, sex or disability. N.C. Gen. Stat. 14-3(c), 14-401.14 |
| North Dakota | North Dakota has no general hate crime or bias penalty enhancement law; the sentencing chapter has no bias provision. The closest law is discrimination in public places: using force, threats or economic coercion to injure, intimidate or interfere with someone because of sex, race, color, religion or national origin and because they are using, or to keep them from using, a facility open to the public, a class B misdemeanor (up to 30 days). Interfering with someone's exercise of civil rights by force, threat or economic coercion is also a class B misdemeanor. N.D.C.C. 12.1-14-04, 12.1-14-05 (reviewed); ch. 12.1-32 (reviewed) |
| Ohio | Yes, in limited form. Ethnic intimidation is committing aggravated menacing, menacing, criminal damaging, criminal mischief, or certain telecommunications harassment because of another person's race, color, religion or national origin. It is graded one degree higher than the underlying offense. The section read does not list sexual orientation, gender identity, sex or disability, and does not apply to other crimes such as assault. R.C. 2927.12 |
| Oklahoma | Yes, as a separate crime rather than a sentence enhancement. Malicious intimidation or harassment (assault, battery, property damage or threats, or electronic messages or published material meant to incite imminent violence) because of a person's race, color, religion, ancestry, national origin or disability is a misdemeanor for a first offense (up to 1 year in jail, a fine up to $1,000, or both). A second or subsequent offense is a Class B4 felony punishable by up to 10 years and a fine up to $10,000. The offender is also civilly liable for damages. 21 O.S. § 850 |
| Oregon | Yes. Oregon calls them bias crimes, based on the offender's perception of the victim's race, color, religion, gender identity, sexual orientation, disability or national origin. First-degree bias crime (causing physical injury, negligently injuring someone with a deadly weapon, or placing someone in fear of imminent serious injury because of those traits) is a Class C felony (up to 5 years). Second-degree bias crime (offensive physical contact, interfering with property, or threats of serious injury, a felony or major property damage because of those traits) is a Class A misdemeanor (up to 364 days). ORS 166.155, 166.165 |
| Pennsylvania | Yes. Ethnic intimidation applies when a person commits certain other crimes (such as assault, threats, harassment, criminal mischief or trespass) with malicious intent toward the victim's race, color, religion or national origin. It is graded one degree higher than the underlying offense, or as a misdemeanor of the third degree if the underlying offense is a summary offense. 18 Pa.C.S. § 2710 |
| Rhode Island | Yes, as a sentence enhancement under the Hate Crimes Sentencing Act. If the offender intentionally selected the victim or property because of hatred or animus toward actual or perceived disability, religion, color, race, national origin or ancestry, sexual orientation, or gender, and this is proved beyond a reasonable doubt at a sentencing hearing, a misdemeanor carries a mandatory 30 days to 1 year without filing, suspension or probation. For a felony, the court adds a consecutive term of 1 to 5 years, but never more than double the original penalty. R.I. Gen. Laws § 12-19-38 |
| South Dakota | Yes, as a separate crime. Malicious intimidation or harassment (causing physical injury, defacing, damaging or destroying property, or threatening those acts) with the specific intent to intimidate or harass someone because of race, ethnicity, religion, ancestry or national origin is a Class 6 felony (up to 2 years, a $4,000 fine, or both). SDCL 22-19B-1 |
| Tennessee | Yes. Tennessee's hate crime law is a sentencing enhancement: a judge may give a longer sentence within the range if the defendant intentionally chose the victim or property, in whole or in part, because of the victim's or owner's race, religion, color, disability, sexual orientation, national origin, ancestry or gender. Separately, civil rights intimidation (injuring, threatening or coercing someone, or damaging their property, to intimidate them from exercising a constitutional or legal right) is a Class D felony (2 to 12 years). Tenn. Code Ann. §§ 40-35-114(17), 39-17-309; § 40-35-111 |
| Texas | Yes. If the judge or jury finds beyond a reasonable doubt that the defendant intentionally chose the victim or property because of bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference, or by status as a peace officer or judge, the judge enters a hate-crime finding. The offense is then punished at the next higher grade (for a Class A misdemeanor, the minimum jail term becomes 180 days); it does not apply to first-degree felonies. The judge may also order a tolerance education program. Tex. Code Crim. Proc. art. 42.014; Tex. Penal Code § 12.47 |
| Utah | Yes. If the jury or judge finds the defendant intentionally chose the victim or property because of a perceived personal attribute (age, ancestry, disability, ethnicity, familial status, gender identity, homelessness, marital status, matriculation, national origin, political expression, race, religion, sex, sexual orientation, military service, or status as an emergency responder or police officer), the offense is raised: class C to class B, class B to class A, class A misdemeanor to a third-degree felony, and third- and second-degree felonies get higher minimum terms (1 and 2 years). For first-degree felonies it is an aggravating factor at sentencing. A separate civil rights law raises listed misdemeanors committed to intimidate or terrorize someone from exercising their rights. Utah Code §§ 76-3-203.14, 76-3-203.3, 76-3-203.4 |
| Vermont | Yes. Committing or attempting any crime motivated in whole or in part by the victim's actual or perceived race, color, religion, national origin, sex, ancestry, age, military or National Guard service, disability, sexual orientation or gender identity raises the maximum penalty: to 2 years and/or $2,000 if the crime's maximum is one year or less, and to 5 years and/or $10,000 if its maximum is more than one year but less than five. For crimes carrying five years or more, the usual penalty applies but the court must consider the motive at sentencing. Victims can also seek injunctions and civil damages. 13 V.S.A. §§ 1455, 1457 |
| Virginia | Yes, for listed offenses. Assault or assault and battery against someone chosen because of race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin is a Class 1 misdemeanor with at least 6 months in jail, and a Class 6 felony (1 to 5 years, at least 6 months) if it causes bodily injury. Entering someone's property to damage it or interfere with its use, chosen for the same reasons, is a Class 6 felony with at least 6 months, and a bias-motivated false police report or call is a Class 6 felony. Virginia does not have a general enhancement for all crimes. Va. Code §§ 18.2-57(A)(2), (B), 18.2-121, 18.2-461; § 18.2-10 |
| Washington | Yes. Washington has a separate hate crime offense: maliciously and intentionally assaulting someone, damaging their property, or threatening them in a way that causes reasonable fear, in whole or in part because of their perceived race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical or sensory disability, is a class C felony (up to 5 years and/or $10,000). Certain acts such as cross burning, Nazi symbols, nooses or defacing religious property allow an inference of intent to threaten. The statute limits when words alone can count as a threat. RCW 9A.36.080; RCW 9A.20.021 |
| West Virginia | Yes. Using force or threats to willfully injure, intimidate or interfere with a person's exercise of legal rights because of race, color, religion, ancestry, national origin, political affiliation or sex is a felony: up to 10 years, a fine up to $5,000, or both, and conspiring and assembling to teach violent techniques for that purpose carries the same penalty. In addition, committing any felony or misdemeanor because of the victim's race, color, religion, ancestry, national origin, political affiliation or sex is treated as an aggravating circumstance at sentencing. The statute does not list sexual orientation, gender identity or disability. W. Va. Code § 61-6-21 |
| Wisconsin | Yes, as a penalty enhancement. If a person commits a crime and intentionally selects the victim or the property, in whole or in part, because of a belief or perception about race, religion, color, disability, sexual orientation, national origin or ancestry (whether or not the belief was correct), the penalty increases. A misdemeanor other than Class A gets a maximum of 1 year and $10,000; a Class A misdemeanor becomes a felony with a maximum of 2 years and $10,000; and for a felony the maximum fine may increase by up to $5,000 and the maximum prison term by up to 5 years. The jury must make a special finding on the bias element. Wis. Stat. § 939.645 |
| Wyoming | Wyoming has no state law that increases the penalty for a crime because the victim was chosen for race, religion, sexual orientation or another protected characteristic. Its criminal code does make it a misdemeanor (up to 6 months and/or $750) to deny someone equal enjoyment of public accommodations because of race, religion, color, sex or national origin, or to deny someone the right to life, liberty, the pursuit of happiness or the necessities of life because of race, color, sex, creed or national origin. W.S. 6-9-101, 6-9-102; W.S. Title 6 and Title 7 (reviewed) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.