Why is it called a hate crime?
Asked by: Otto Hoppe | Last update: February 10, 2026Score: 4.2/5 (54 votes)
It's called a hate crime because it's a criminal act (like assault, vandalism, or murder) motivated by the perpetrator's bias or prejudice (the "hate") against a victim's perceived or actual race, religion, sexual orientation, disability, ethnicity, or gender/gender identity, rather than just the individual. The term highlights that the crime targets not just a person, but an entire group, sending a message of intimidation to that community, and often results in harsher penalties than a similar crime without that bias motive.
Where did the term hate crime come from?
The term “hate crime” was coined in the 1980's by journalists and policy advocates who needed language to describe a series of incidences targeting African-Americans, Asians, and Jews.
What makes a crime a hate crime?
A hate crime is a traditional criminal offense (like assault, vandalism, or murder) that is motivated by an offender's bias against a victim's real or perceived race, religion, disability, sexual orientation, ethnicity, gender, or gender identity, adding an element of prejudice that makes the crime more severe and affects the wider community. It's not just hate speech but an actual crime (violence, property damage, threats) fueled by bias, with elements like using slurs or targeting symbols (like swastikas) as evidence of the motivation.
Is calling someone a slur a hate crime?
But such slurs, insults or hateful statements alone are not hate crimes. Free speech is protected by the First Amendment of the United States Constitution, even when it may contain hateful or inflammatory ideas.
What's the difference between a violent crime and a hate crime?
A hate crime is punishable in a court of law; a violent crime is not. A hate crime is based on a person's race, religion, or other characteristics.
What is hate crime? How does it affect victims?
What states do not have a hate crime bill?
All but four states (Arkansas, Indiana, South Carolina and Wyoming) have laws addressing the scourge of hate crimes, but there is variation in the list of enumerated protected classes.
Can I sue for a hate crime?
Yes, you can sue someone for a hate crime in civil court to seek compensation for damages, even if criminal charges are also filed; civil lawsuits allow victims to recover costs, pain, suffering, and potentially punitive damages, holding offenders financially accountable beyond criminal penalties, and many states provide specific legal avenues for this.
Can you go to jail for hate speech in America?
The U.S. Constitution allows hate speech as long as it does not interfere with the civil rights of others. While these acts are certainly hurtful, they do not rise to the level of criminal violations and thus may not be prosecuted.
What are examples of a hate crime?
Hate crime examples include violent acts (assault, murder, arson) or property crimes (vandalism) motivated by bias against race, religion, disability, sexual orientation, ethnicity, gender, or gender identity, such as spray-painting a swastika on a synagogue, threatening a gay person, or attacking someone because of their national origin or religion. They also encompass verbal abuse, threats, harassment, and displaying hateful material, all stemming from prejudice against a protected group.
Is verbal abuse a hate crime?
Examples of hate incidents include: verbal abuse. threatening behaviour.
How bad is a hate crime charge?
Convictions for hate crimes often result in harsher penalties compared to other crimes. For example, bias-motivated violence under federal hate crime laws can lead to imprisonment for ten years to life, as outlined in the Hate Crime Act (18 U.S. Code § 249).
How do I report a hate crime to the FBI?
To report a hate crime to the FBI, you can call 1-800-CALL-FBI or submit an anonymous tip online at tips.fbi.gov, providing details about criminal acts motivated by bias (race, religion, disability, sexual orientation, etc.). The FBI prioritizes these investigations due to their community impact and investigates violations of federal hate crime laws, requiring a criminal act and biased motivation.
What states have hate crime laws?
State and district. Forty-seven states and the District of Columbia have statutes criminalizing various types of bias-motivated violence or intimidation (the exceptions being Arkansas, South Carolina, and Wyoming).
What is the #1 race for hate crimes?
Black or African American individuals are the most frequent victims of race-based hate crimes, consistently representing the largest single group targeted by offenders motivated by racial bias, followed by anti-White and anti-Hispanic/Latino biases, according to FBI data. While these statistics highlight racial bias as the top motivation for hate crimes, anti-Jewish incidents dominate religious hate crimes, and sexual orientation remains a significant driver for other bias-motivated offenses, with specific trends changing yearly.
What are the three main types of hate crime?
Types of hate crime
Hate crime can fall into one of three main types: physical assault, verbal abuse and incitement to hatred.
When did hate crime become a thing?
History. The FBI has investigated what are now called hate crimes as far back as World War I. Our role increased following the passage of the Civil Rights Act of 1964. Before then, the federal government took the position that protection of civil rights was a local function, not a federal one.
How hard is it to prove a hate crime?
"You need to prove not just the incident, but the state of mind of the defendant -- that what they intended was hate-motivated," Wagner said. "That's never easy and often involves not just looking at the incident, but going back and investigating the background of the defendant."
What are the 11 crimes against humanity?
According to the Rome Statute, there are eleven types of crimes that can be charged as a crime against humanity when "committed as part of a widespread or systematic attack directed against any civilian population": "murder; extermination; enslavement; deportation or forcible transfer of population; imprisonment or ...
Is saying racist things a hate crime?
A hate incident is an act, which is bias-motivated, but does not rise to the level of a hate crime. So, if someone uses a racial or other slur against another, it is probably not a hate crime, rather it is a hate incident. These occurrences are frequently frightening and upsetting, but they are not criminal.
Is it illegal to be a racist?
In the USA, legally you are allowed to say racist things under the first amendment freedom of speech, but you are not allowed to discriminate if you are running a business, or you are a government employee under official duties.
Is a hate crime a felony?
18 U.S.C. 249 makes it a federal felony to commit either of the following offenses under the category of a hate crime: Willfully cause bodily injury; or. Attempt to cause bodily injury using fire, a firearm, explosives, or another dangerous weapon.
What happens when you report a hate crime?
When you report the incident, the police will record what happened. They'll usually only investigate the incident if a crime has happened - for example, if you've been assaulted. The police might also investigate if you've experienced more than one hate incident - for example, if someone keeps harassing you.
Does hate crime still exist?
FBI Releases 2024 Hate Crime Statistics
On August 5, 2025, the FBI released the hate crimes data from the Uniform Crime Reporting (UCR) Program as reported by law enforcement agencies across the country. Those agencies reported 11,679 hate crime incidents involving 14,243 victims for calendar year 2024.
Why is hate speech protected?
Courts extend this protection on the grounds that the First Amendment requires the government to strictly protect robust debate on matters of public concern even when such debate devolves into distasteful, offensive, or hateful speech that causes others to feel grief, anger, or fear.
Is it illegal to send hate mail?
There is a federal hate crime law, and most, but not all, states have hate crimes statutes as well. Federal hate crimes involve statements, either written or oral, that derogatorily address the victim's actual or perceived gender, sexual orientation, gender identity, national origin, religions, or disability.