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Laws and Policies

The Department of Justice 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. The Department of Justice began prosecuting federal hate crimes cases after the enactment of the Civil Rights Act of 1968.

This page provides information on federal hate crimes laws; federal hate crimes policies; state laws, codes, and statutes; and a table that indicates which of the bias categories included in federal hate crimes laws are included in each state’s laws.


 

Federal Hate Crime Laws

The Shepard Byrd Act is the first statute allowing federal criminal prosecution of hate crimes motivated by the victim’s actual or perceived sexual orientation or gender identity. The Act makes it a federal crime to willfully cause bodily injury, or attempt to do so using a dangerous weapon, because of the victim’s actual or perceived race, color, religion, or national origin. The Act also covers crimes committed because of the actual or perceived religion, national origin, sexual orientation, gender, gender identity, or disability of any person, if the crime affected interstate or foreign commerce or occurred within federal special maritime or territorial jurisdiction.

This statute makes it a crime to use or threaten to use force to interfere with housing rights because of the victim’s race, color, religion, sex, disability, familial status, or national origin.

This statute prohibits the intentional defacement, damage, or destruction of religious real property because of the religious nature of the property, where the crime affects interstate or foreign commerce, or because of the race, color, or ethnic characteristics of the people associated with the property. The statute also criminalizes the intentional obstruction by force, or threat of force of any person in the enjoyment of that person’s free exercise of religious beliefs.

This statute directs the Department of Justice to speed up the review of hate crimes for bringing charges. The Department must also work to improve the reporting of hate crimes and hate incidents in light of the rise in anti-Asian hate during the COVID-19 pandemic. To meet this goal, the law requires the Department to reach out to law enforcement agencies and to provide them with helpful tools and resources for reporting, enforcing, and preventing hate crimes.

This statute, an amendment to the COVID-19 Hate Crimes Act, provides new grants, training, and other forms of assistance to help state, local, and Tribal law enforcement agencies with hate crime reporting, prioritizing agencies that have a history of not reporting any hate crimes. The law also directs the Department of Justice to report back to Congress on its efforts to improve hate crime reporting.

This statute makes it a crime to use or threaten to use force to willfully interfere with a person’s participation in a federally protected activity because of race, color, religion, or national origin. Federally protected activities include public education, employment, jury service, travel, or the enjoyment of public accommodations. Under this statute, it is also a crime to use or threaten to use force against those who are assisting and supporting others in participating in these federally protected activities.

This statute makes it a crime to use or threaten to use force to willfully interfere with a person’s participation in a federally protected activity because of race, color, religion, or national origin. Federally protected activities include public education, employment, jury service, travel, or the enjoyment of public accommodations. Under this statute, it is also a crime to use or threaten to use force against those who are assisting and supporting others in participating in these federally protected activities.

Federal Hate Crime Policies

The Attorney General’s memorandum directs the Department of Justice to perform the tasks identified in the COVID-19 Hate Crimes Act. The goal of the memorandum is to improve hate crime and hate incident reporting, increase law enforcement training and coordination, engage in community outreach, and look at whether existing non-criminal, civil enforcement statutes can address hate incidents that may not rise to the level of prosecutable hate crimes. (https://www.justice.gov/ag/page/file/1399221/download).

As it relates to hate crimes, this January 26th Presidential Memorandum ordered the Attorney General to explore opportunities to support the efforts of State and local agencies, as well as Asian American and Pacific Islander (AAPI) communities and community-based organizations, to prevent discrimination, bullying, harassment, and hate crimes against AAPI individuals, and to expand collection of data and public reporting of hate incidents against such individuals. (https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/memorandum-condemning-and-combating-racism-xenophobia-and-intolerance-against-asian-americans-and-pacific-islanders-in-the-united-states)

This Fact Sheet supplements the President’s January Memorandum, announcing additional actions to respond to the increase in acts of anti-Asian violence. Related to hate crimes, the Fact Sheet announces several actions taken by the Department of Justice to address the rise of anti-Asian hate crimes and hate incidents. (https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/30/fact-sheet-president-biden-announces-additional-actions-to-respond-to-anti-asian-violence-xenophobia-and-bias)

State Laws, Codes, and Statutes

Most states and U.S. territories have hate crime statutes that are enforced by state and local law enforcement in state and local courts. Hate crime laws in states and territories vary widely across jurisdictions.

  • Bias motivations: Different jurisdictions define hate crimes to include different bias motivations.
  • Penalty enhancements: Laws in some jurisdictions increase the sentence for crimes motivated by identified factors.
  • Data collection: Some jurisdictions require collecting data on hate crimes. Data provides better transparency into crimes that are occurring and can help states allocate support and resources to communities in greatest need.

Even if a state or territory does not have a hate crimes law, hate crimes can still be reported to the Federal Bureau of Investigation (FBI).

Federal Bias Categories Included by State Laws

Federal laws protect against certain crimes motivated by race, color, national origin, religion, sexual orientation, gender, gender identity, and disability. The bias categories included in state laws vary. The table below indicates which of the categories included in federal hate crimes laws are included in each state’s laws. State laws may also include additional types of bias not listed on this chart.

KEY: Yes ⚫ | No ◯

State Race/Color National Origin Religion Sexual
Orientation
Gender/Sex Gender
Identity
Disability
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Updated December 13, 2023