How To Recognize and Report Hate Crimes

Hate crimes involve criminal acts motivated by hate or bias towards a certain group of people. Hate crimes can involve violence, vandalism, or intimidation.

Victims of hate crimes sometimes fail to report the incidents out of fear of retaliation. If you witness suspected hate crimes, it’s important to report them to send a clear message to the community that such acts are not tolerated.

This article provides an overview of hate crimes and how to recognize and report them. For legal advice on reporting hate crimes and your legal rights, talk to a local civil rights attorney.

Understanding What Constitutes a Hate Crime

Generally, a hate crime is a criminal offense motivated by bias against a certain group of people. Hate crimes can involve violence, vandalism, sexual assault, and other offenses. Hate crime can be a misnomer because it doesn’t always involve anger or rage.

According to the Federal Bureau of Investigation (FBI), a hate crime is a criminal offense motivated by the offender’s bias against a:

• Race
• Ethnicity or national origin
• Disability
• Gender
• Religion
• Sexual orientation (LGBTQ+)
• Gender identity

Hate crimes generally carry enhanced penalties over the underlying criminal offense. For example, the penalties for assault may be lower than the penalties for assault motivated by bias. Added hate crime penalties are intended to have a deterrent effect on people engaging in criminal action based on bias.

Hate or hate speech alone are not crimes. The First Amendment to the U.S. Constitution only prohibits hate speech if it amounts to fighting words or incitement to provoke imminent unlawful action.

How Common Are Hate Crimes?

The government began tracking hate crime statistics after the Hate Crimes Statistics Act of 1990. The most commonly reported hate incidents involve property damage, intimidation, and assault. Hate crime incidents increased slightly from 2022 to 2023, from 11,634 to 11,862. The U.S. Department of Justice’s 2024 release of hate crime statistics shows the following bias motivation:

• Race/ethnicity/ancestry: 52.5%
• Religion: 22.5%
• Sexual orientation: 18.4%
• Gender identity: 4.1%
• Disability: 1.6%
• Gender: 0.9%

Legal Framework: Federal and State Hate Crime Laws

There are both federal and state laws against hate crimes. States prosecute most hate crime offenses, as most criminal law is state-based. The penalties for hate crime offenses depend on the jurisdiction. Different states also have different protected categories under their hate crime statutes. Some states include age and political affiliation as protected classes.

The federal penalties for hate-motivated assault include imprisonment for up to 10 years. Under the Civil Rights Act of 1968, there are criminal penalties for injury, intimidation, or interference with a person based on their status for exercising their civil rights. Other federal hate crime laws include:

• Violent Crime Control and Law Enforcement Act
• Church Arson Prevention Act
• Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
• Emmett Till Antilynching Act

Most states also have hate crime statutes and penalty enhancements. Many states also provide a civil cause of action for a victim of a hate crime. Hate crime victims can file a civil lawsuit against offenders for financial compensation.

How To Recognize Signs of Hate Crimes

Some signs of a hate crime are more obvious. For example, spray painting a swastika on a place of worship is generally a strong sign that vandalism and property damage are motivated by bias. Other open signs of a possible hate crime include using racial slurs or discriminatory insults.

Even if the offender is wrong about the victim’s protected class, it is still a hate crime. For example, if the offender attacks a victim because they thought the victim was a woman, it is not a defense if the victim was actually a man. The crime and underlying bias together make it a hate crime.

Steps To Report a Hate Crime

You can report suspected hate crimes to local law enforcement agencies or the FBI. Report to the FBI online at tips.fbi.gov or by phone hotline at 1-800-CALL-FBI. You can also contact the U.S. Department of Justice (DOJ) to report hate crimes. The DOJ Civil Rights Division investigates and prosecutes hate crimes.

You can refer victims of hate crimes to local support services. There are many community organizations that offer victim services. Your state or city may also have a civil rights unit to connect victims with support services.

Gathering Evidence and Documentation

Gather any evidence or documentation of the criminal activity. This includes taking pictures or videos of property damage. If you get any emails, letters in the mail, or threatening notes, keep a copy. Write down what happened as soon as you can to document the incident while it is still fresh in your mind.

This evidence can help law enforcement investigate the hate incident and prosecute the offender. If police officers investigate the hate crime, get a copy of the police report.

Legal Options for Victims of Hate Crimes

Even the police may need education in identifying hate crimes against certain groups of people. Some officers may not take your case seriously and fail to investigate. A civil rights lawyer can make sure law enforcement actively investigates and prosecutes hate crimes against you and your family.

You may have a civil claim against the offender for hate crime incidents. Many states give victims a cause of action to file a lawsuit against the offender for damages. In a civil lawsuit, you can get compensation and hold the offender accountable for their actions. Making offenders pay can deter them from taking similar hateful actions in the future.

Report hate crimes to stand up against discrimination in your community. To find out about your legal options and to hold offenders accountable, contact a local civil rights attorney.