Reporting Hate Crime Incidents

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Reporting Hate Crime Incidents
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Why Collect Hate Crime Data?

• 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.

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Overview

• Understanding the New York State law governing
  Hate Crime reporting
• Identifying bias motivated crime
• Reporting Hate Crime incidents through the
  Uniform Crime Reporting Program

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New York State Law Governing Hate Crime Reporting
- PL 485.05
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Hate Crime Definition inPenal Law 485.05

• 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

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Definition Continued

• (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.

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Key Points

• 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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Why Law Enforcement Professionals need to know
the law

• Successful implementation is a crucial step in
  protecting peoples 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

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Identifying Bias Motivated Crime
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Bias Motivated Incidents

• Non Criminal Conduct Motivated by Hatred,
  Prejudice or Bigotry
• Directed at individual(s), residence, house of
  worship, business or institution
• Because of the victims 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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Bias Motivated Incidents Continued

• Hate Speech
• Display of offensive materials on ones 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

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Freedom of Speech vs. Crime

• 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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Determining if a Crime is a Hate Crime

• Statements made and their order
• The presence of offensive symbols or words
• Patterns of Victimization
• Hate Literature or other evidence of Bias
  Motivation

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Determining if a Crime is a Hate Crime Continued

• Date, Time or Circumstances of the Incident
• Location
• Victims Perception

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Identity Oriented Phrases

• 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.

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Three questions to determine if an incident is a
Hate Crime

• Yes to all three
• Is the act a crime?
• Is there evidence the crime could be identity
  motivated?
• Is the evidence supportive of whole or
  substantial identity motivation?

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Would the incident have occurred if the victim
and the offender part of the same group?

• 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

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Documenting a Hate Crime Incident

• 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

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Reporting Hate Crimes through the Uniform Crime
Reporting Program

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Hate Crime Report Form

• UCR and IBR agencies submit report regardless of
  whether or not there was an incident.
• Information collected from Standard Incident
  Report

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Form Changes

• 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)

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Nothing to Report (NTR)

• 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

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Filling out the Hate Crime Incident Report

• 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

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Bias Motivation

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

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Incident Information

• Location of Hate Crime
• Victim Type
• (Individual or Group/Organization)
• Demographics (Age, Gender, Race, Ethnicity)

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Location of Hate Crime

• 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

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Type of Victim

• Individual(s) (code 72)
• Structured Group or Organization (code 73)

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Entering Victim Demographics

• 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

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Offender Demographics

• Enter all known offender demographics
• If offender is unknown, indicate so with a U

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Victim and Offender Demographic Information

• Age
• Gender
• Race
• Ethnicity

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Race

• Black
• White
• American Indian or Alaskan Native
• Asian or Pacific Islander

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Ethnicity

• Hispanic A person of Mexican, Puerto Rican,
• Cuban, South or Central American, or other
• Spanish speaking culture, regardless
• of race.
• Non-Hispanic All other people.

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Race and Ethnicity

• 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

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For More Information Please Contact

• NYS Division of Criminal Justice Services
• Crime Reporting Unit
• 1-800-262-3257
• Email crimereporting_at_dcjs.ny.gov