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Defining Hate Violence and Hate Crime

The terms hate violence and hate crimes first appeared in the Final Report of the Attorney General's Commission on Racial, Ethnic, Religious and Minority Violence issued in April, 1986.  It defined hate violence to be:

    Any act of intimidation, harassment, physical force or threat of physical force directed against any person, or gamely, or their property or advocate, motivated either in whole or in part by hostility to their real or perceived race, ethnic background, religious belief, sex, age, disability, or sexual orientation, with the intention of causing fear or intimidation, or to deter the free exercise or enjoyment of any rights or privileges secured by the Constitution or the laws of the United State of California whether or not performed under color of law.

When hate violence is punishable under a criminal statute it is a hate crime.  It should be noted that civil statutes (as opposed to criminal statutes) may provide relief for some types of hate violence.


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