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HATE CRIMES

HATE CRIMES. Marcus Tapia Period 4 March 7 th , 2013. What is a hate crime?.

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HATE CRIMES

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  1. HATE CRIMES Marcus Tapia Period 4 March 7th, 2013

  2. What is a hate crime? • A hate crime is a criminal act committed, in whole or in part, because of one or more actual or perceived characteristics of the victim including: disability, gender, nationality, race or ethnicity, religion, sexual orientation or association with any person or group that has one or more of these actual or perceived characteristics. • California PC 422.6 prohibits anyone from damaging property or using force or threats of violence to interfere with someone else’s rights because of any of these actual or perceived characteristics. • A hate crime is NOT a hate indecent, which is a hate-motivated conduct that is protected by the individual’s First Amendment right to freedom of expression.

  3. WHAT ARE SOME EXAMPLES OF HATE CRIMES? • Hate crimes take many forms. • Examples: • Physical assault • Attempted assault • Threat of assault • Crimes motivated by the offender's bias • Threating phone call • Swastika on your door • Burning of the cross on your lawn

  4. What will happen to the person who harmed me? • If there is sufficient evidence, a county district attorney can prosecute the alleged attacker. Depending on the facts of the case, the assailant could face jail and a fine, or prison. • If the crime is a hate-motivated felony, the judge can add years onto the offender’s prison sentence. • A restitution can be ordered to pay back the individual for the actual damages and loses involved in the crime.

  5. HOW CAN I STOP SOMEONE FROM CONTINUING TO HARM ME? • If the identity of the person is known, a restraining order can be filed from a city attorney, county district attorney, or the California Attorney General’s office. • The district/city attorney can also see a civil injunction of behalf of the State of California and have the person who violated your rights pay you a $25,000 penalty.

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