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Hate Crime Laws in Rhode Island

How Rhode Island law treats hate crimes: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: 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… R.I. Gen. Laws § 12-19-38

Hate crimesYes, 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.
The prosecutor must file notice of the enhancement no later than the pretrial conference (§ 12-19-38(b)).

More Rhode Island criminal law

FAQ

Does Rhode Island have a hate crime law?
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.
Can I get a court-appointed lawyer for hate crimes in Rhode Island?
Rhode Island's rule on court-appointed lawyers: The state Office of the Public Defender must represent and act as attorney for indigent defendants in criminal cases referred by the supreme, superior and district courts (and listed family court cases). An indigent defendant is a person who, after payment of necessary expenses for food, shelter and medical care, lacks sufficient income or assets to retain counsel and has no one legally responsible for his or her support who has such income or assets. To qualify, the applicant swears to an affidavit to that effect; the public defender may request further financial information or documents and investigate, and if the person is not indigent, notifies the referring court. False representation is penalized under § 12-15-11. R.I. Gen. Laws §§ 12-15-3, 12-15-8, 12-15-9
How much does a lawyer for hate crimes cost in Rhode Island?
Lawyers set their own fees, and Rhode Island has rules on how they may charge. See hiring a criminal defense lawyer in Rhode Island for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for hate crimes in Rhode Island?
How release before trial works in Rhode Island: All persons imprisoned ought to be bailed by sufficient surety, unless for offenses punishable by imprisonment for life, for offenses involving the use or threat of use of a dangerous weapon by one already convicted of a qualifying offense (as the section specifies), or for listed controlled-substance offenses (such as trafficking, possession with intent to distribute, or possession punishable by ten or more years), when the proof of guilt is evident or the presumption great. There is no constitutional right to bail pending appeal of a conviction. A justice of the supreme, superior or district court may release a person held on a criminal charge on recognizance in the sum named in the process or, if none, any sum the justice deems reasonable. Surety, or a deposit of ten percent (10%) of the bail set with the court, is the sole monetary condition of release; a court may not require a cash deposit as the sole monetary condition (except where court-imposed restitution is owed), and a deposit is returned if the defendant appears as required. R.I. Const. art. I, § 9; R.I. Gen. Laws §§ 12-13-1, 12-13-10 What happens after an arrest.
Can a conviction for hate crimes be removed from my record in Rhode Island?
Each state sets its own rules for sealing or expunging records. See Rhode Island expungement and record sealing rules.

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.