What Are Hate and Bias Crimes?
Hate or bias crimes are crimes that are committed by someone who is motivated (at least in part) by bias or prejudice against a group of people with similar characteristics that the law says are a “protected group" or "protected class". Protected characteristics may include race, color, ethnicity, religion, national origin, disability, sexual orientation, and/or gender identity. Laws will define which characteristics are included as a protected class in a specific jurisdiction. For example, one state may define sexual orientation as a protected characteristic, while another state may not.
Mark and Kevin's Story
Mark and Kevin reach out to an attorney and learn that bias needs to only be part of the motivation for a crime to be considered a hate or bias crime.
Understanding Hate Crimes as Defined by Federal Law
Under federal law, race, color, religion, national origin, gender/sex, gender identity, and disability are defined as “protected groups.” This means that crimes that are motivated by a bias based on the belief that the victims are members of a protected group can be hate crimes. Federal prosecution of bias-motivated crimes is possible under a number of laws. Two examples are:
- 42 U.S.C. § 3631 (prohibiting, among other things, willful injury to, intimidation of, or interference with an individual because of that person’s race, color, religion, sex, disability, familial status, or national origin and because of that person’s enjoyment of certain federally-protected housing rights),
- 18 U.S.C. § 249 (prohibiting willfully causing bodily injury to another person because of actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability).
Understanding Bias Crimes as Defined by Oregon Law
The Oregon Revised Statues refer to hate crimes as bias crimes and have multiple types of bias crimes based on severity and actions. Three types of bias crimes are highlighted below.
Getting Help
As part of the Victims’ Rights Advice Project, qualifying individuals may post a question to be answered by a volunteer attorney at no cost. Interested individuals complete a brief screening questionnaire using the Find Out If You Qualify button.
Additional information about resources for victims of hate and bias crimes in Oregon and elsewhere are located on our Resources Page.