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The New York State Hate Crimes Act of 2000 requires DCJS to collect and analyze demographic and statistical data with respect to the number of Hate Crimes reported to or investigated by police and peace officers.

Understanding the New York State law governing Hate Crime reporting

Identifying bias motivated crime

Reporting Hate Crime incidents through the Uniform Crime Reporting Program

A person commits a hate crime when he or she commits a specified offense and either:

(a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or

(b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.

“whole or in substantial part”The main motivation for the crime must be the identity of the victim.

“belief or perception”The suspect just has to believe or perceive that the victim falls within the ten protected classes

“correctness of belief or perception”The victim does not have to be in fact the identity that the suspect believed he was.

“of a person”The victim does not have to be the person who is motivating the suspect.

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Successful implementation is a crucial step in protecting people’s rights

Recognition of the elements of a Hate Crime helps identify other indicators which may be used to develop and prosecute cases

Proper identification of bias crime results in accurate reporting, and more effective prosecution

Non Criminal Conduct Motivated by Hatred, Prejudice or Bigotry

Directed at individual(s), residence, house of worship, business or institution

Because of the victim’s real or perceived age, gender, race, color, religion, religious practice, ethnicity, national origin, ancestry, sexual orientation, or disability

Directed at Individual or Group because of association or advocacy on behalf of a member of a protected group

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Hate Speech Display of offensive materials on one’s

property The distribution of hate materials in public

place The posting of hate materials that does not

result in property damage Bias motivated incidents are not necessarily

Hate Crimes

A bias motivated incident becomes a Hate Crime when it is coupled with a true threat

True Threat - a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals

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Statements made and their order

The presence of offensive symbols or words

Patterns of Victimization

Hate Literature or other evidence of Bias Motivation

Date, Time or Circumstances of the Incident

Location

Victim’s Perception

The use of identity oriented phrases does not automatically make an event a hate crime.

The absence of identity oriented phrases does not mean the event is not a hate crime.

Yes to all three

1. Is the act a crime?

2. Is there evidence the crime could be identity motivated?

3. Is the evidence supportive of whole or substantial identity motivation?

Helpful when victim and offender are not part of the same group

Not always helpful when a Hate Crime is directed at an individual or group because of his or her association or advocacy on behalf of a member of a protected group

When completing the incident report:

Elevate the Charge

Provide Victim and Offender Demographics

Indicate Bias Motivation

Clearly State Elements of Bias Motivation in the SIR Narrative

UCR and IBR agencies submit report regardless of whether or not there was an incident.

Information collected from Standard Incident Report

“Target Type Property” and “Target Type Person” data fields changed to “Location of Hate Crime” and “Type of Victim”

(modified 2009)

Removal of “Circumstance” data field (modified 2013)

UCR agencies should check off the Hate Crime “NTR Box” on the Return A if there is nothing to report for a particular month

IBR agencies must send the Hate Crime Incident Report in and check the “NTR Box” if there is nothing to report for a particular month

Incident Date (MM/DD/YY) Agency Case Number Hate Crime Incident Classification (PL

Charge) Bias Motivation Location of Hate Crime Type of Victim Victim and Offender Demographics

Gender Age Race/Color Religion/Religious Practice Ethnicity/National Origin/Ancestry Sexual Orientation Disability

 

Location of Hate Crime

Victim Type (Individual or Group/Organization)

Demographics (Age, Gender, Race, Ethnicity)

Place of Worship (Churches, Synagogues, etc)

Other Property Owned/Operated by Target Group

Public Property (School, Street, Government Building, Hospital, Jail/Prison etc.)

Business Residence Other Location

Individual(s) (code 72)

Structured Group or Organization (code 73)

“Individual” (code 72), enter demographics

“Structured Group or Organization” (code 73), do not enter any victim demographics

Property related Hate Crimes distinguish between an individual victim and a person reporting the incident

Enter all known offender demographics

If offender is unknown, indicate so with a “U”

Age

Gender

Race

Ethnicity

Black

White

American Indian or Alaskan Native

Asian or Pacific Islander

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Hispanic: A person of Mexican, Puerto Rican,

Cuban, South or Central American, or otherSpanish speaking culture, regardlessof race.

Non-Hispanic: All other people.

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People have both Race and Ethnicity

It is important to record both the race and ethnicity of victims and offenders

Individuals with an Ethnicity of Hispanic, can have a Race of White or Black

NYS Division of Criminal Justice ServicesCrime Reporting Unit

1-800-262-3257

Email: crimereporting@dcjs.ny.gov

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