What is the crime classification?

What is a hate crime? The FBI has a page on that here. It also has a link to statistics on the rates of offense here at the uniform crime reporting site. The definition right now states:

criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.

The criminal law is concerned with state of the mind, i.e. Mens rea. But this now also applies to noncriminal offenses. In California, Ralph Civil Rights act and Bane Civil Rights act protect persons of protected class and persons of protected attributes (race, religion, …) from violence or attempted assaults, threats of violence(verbal or written) and vandalism or property damages. People in California are also protected for equal employment and fair housing. 

In addition to criminal court proceedings, Hate crimes can also violate civil code, the remedies for violation of civil rights in the civil courts can be injunction with equitable remedy as well as legal remedy. It provides for, among others, punishments like 3X actual damages if the crime is proven to be hate based, and civil penalty of $25k, or even punitive damages. The plaintiff has to prove malice fraud or oppression.

Legal maxim: For every right, there is a remedy; where there is no remedy, there is no right. 

The election has just ended. Trump’s election is followed by a spate of reports of fairly violent speeches and actions directed towards Asians and other minority immigrants. Apparently the law protects us equally against these crimes which are hate crimes. The law even protects us against hate based misdemeanors. When one is a party to such crimes, one is punished extra by American federal and state laws!

To be clear: report a crime if you are subject to one. Heck report one if you commit one too. Indicate to police that you believe you are subject of the crime because of the kind of person you are: race, sex, age, disability, political party affiliation. Point out evidence: usage of racial slurs by the perpetrator can be one. His dress such as swastika. His other targets, etc.

If local law enforcement do not respond, one can escalate to the state’s attorney general’s office.

Sue. (Hopefully With the help of lawyer)

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