Magazine, The Immigrant Experience, #STOPTHEHATE
Crimes motivated by hate not only harm individuals, but also undermine the safety and well-being of entire communities and the State as a whole. As the Attorney General of California, it is Rob Bonta’s responsibility to ensure that State laws are consistently and effectively enforced.
The California Department of Justice (Department) provides support and resources to local, state, and federal law enforcement agencies in investigating potential hate crimes and bringing perpetrators to justice. If you have been a victim or witness to a hate crime, we urge you to report the incident to your local police or sheriff’s department. The Department is committed to working with these agencies to ensure that all hate crimes are thoroughly investigated, and that those responsible are held accountable for their actions.
WHAT IS A HATE CRIME VS A HATE INCIDENT?
A hate crime is a criminal act that targets a person or group based on their actual or perceived protected social group, such as disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with such a group. Hate crimes are punishable by law and may result in imprisonment or jail time.
On the other hand, a hate incident is an action or behavior motivated by hate but which, for one or more reasons, is not considered a criminal offense. Examples of hate incidents include name-calling, insults, displaying hate material on your own property, posting hate material that does not result in property damage, and distribution of materials with hate messages in public places. While these acts may be hurtful and have a traumatic impact on the victims and the community, they do not rise to the level of criminal violations and may not be prosecuted.
However, under the Ralph Act, Civil Code § 51.7 in California, your civil rights may be violated if you have been subjected to hate violence or the threat of violence, even if the incident does not rise to the level of a hate crime and may be constitutionally-protected from prosecution by the government. The Act protects individuals based on their actual or perceived sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, immigration status, political affiliation, and position in a labor dispute. A civil violation may result in restraining orders, injunctive and/or equitable relief, damages, a civil penalty of $25,000, and attorney’s fees.
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Sources: State of California, DOJ
“This grant is provided by the California Black Media through work from the State of California Library Stop The Hate grant campaign”
