Home >> United States & Canada >> Courts & Laws  Email  Print Hate Crimes in New York State Todd Spodek, Esq. - 4/25/2010 The Hate Crimes Act of 2000 is listed in the New York State Penal Law under Article 485. There are three sections which are summarized below:
Section 485.00 – Legislative Findings:
There has been an increase in violent crimes, intimidation, and destruction of property based on bias and prejudice. In these crimes, the victims are selected because of one of the following factors:
* race
* color
* national origin
* ancestry
* gender
* religion
* religious practice
* age
* disability
* sexual orientation
The legislature finds that only do these crimes threaten the safety and welfare of all New York State residents but they inflict incalculable physical and emotional damage to the subject group, and affect the fabric of free society. For those reasons, perpetrators of these crimes should be subjected to enhanced punishment. There must be a clear recognition of the gravity of the hate crimes, and preventing them from occurring. A cornerstone of the democratic society is that citizens are not required to approve of the beliefs and practices of the others but not to commit crimes on account of those beliefs.
Section 485.05 – Hate Crimes:
Sub-section 1
A person commits a hate crime when they commit one of the specified offenses listed in Section 485.05 (3), and either:
* Intentionally selects the victim in whole or substantial part because of a belief or perception regarding one of the above factors listed in Section 485.00
* Intentional selects the victim of the intended act in whole or substantial part because of a belief or perception regarding one of the above factors listed in Section 485.00
* Intentionally commits the act in whole or substantial part because of one of the above factors listed in Section 485.00
In any of the above three scenarios it does not matter whether the defendants belief or perception is correct.
Sub-section 2
Proof of any of the factors listed in Section 485.00 of the defendant, the victim, or both not by itself constitute legally sufficient evidence satisfying the peoples burden under this statute. The definition of legally sufficient proof can be found in New York State Criminal Procedure Law 70.10(1). In this case, the People need to have some corroboration that the victim, or the intended victim was based on one of the above factors listed in Section 485.00
Sub-section 3
The specified offenses, are any offense defined by the following provisions of the below chapters:
* section 120.00 (assault in the third degree);
* section 120.05 (assault in the second degree);
* section 120.10 (assault in the first degree);
* section 120.12 (aggravated assault upon a person less than eleven years old);
* section 120.13 (menacing in the first degree);
* section 120.14 (menacing in the second degree);
* section 120.15 (menacing in the third degree);
* section 120.20 (reckless endangerment in the second degree);
* section 120.25 (reckless endangerment in the first degree);
* subdivision one of section 125.15 (manslaughter in the second degree);
* subdivision one, two or four of section 125.20 (manslaughter in the first degree);
* section 125.25 (murder in the second degree);
* section 120.45 (stalking in the fourth degree);
* section 120.50 (stalking in the third degree);
* section 120.55 (stalking in the second degree);
* section 120.60 (stalking in the first degree);
* subdivision one of section 130.35 (rape in the first degree);
* subdivision one of section 130.50 (criminal sexual act in the first degree);
* subdivision one of section 130.65 (sexual abuse in the first degree);
* paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree);
* paragraph (a) of subdivision one of section 130.70 (aggravated sexual abuse in the first degree);
* section 135.05 (unlawful imprisonment in the second degree);
* section 135.10 (unlawful imprisonment in the first degree);
* section 135.20 (kidnapping in the second degree);
* section 135.25 (kidnapping in the first degree);
* section 135.60 (coercion in the second degree);
* section 135.65 (coercion in the first degree);
* section 140.10 (criminal trespass in the third degree);
* section 140.15 (criminal trespass in the second degree);
* section 140.17 (criminal trespass in the first degree);
* section 140.20 (burglary in the third degree);
* section 140.25 (burglary in the second degree);
* section 140.30 (burglary in the first degree);
* section 145.00 (criminal mischief in the fourth degree);
* section 145.05 (criminal mischief in the third degree);
* section 145.10 (criminal mischief in the second degree);
* section 145.12 (criminal mischief in the first degree);
* section 150.05 (arson in the fourth degree);
* section 150.10 (arson in the third degree);
* section 150.15 (arson in the second degree);
* section 150.20 (arson in the first degree);
* section 155.25 (petit larceny);
* section 155.30 (grand larceny in the fourth degree);
* section 155.35 (grand larceny in the third degree);
* section 155.40 (grand larceny in the second degree);
* section 155.42 (grand larceny in the first degree);
* section 160.05 (robbery in the third degree);
* section 160.10 (robbery in the second degree);
* section 160.15 (robbery in the first degree);
* section 240.25 (harassment in the first degree);
* subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); or
* any attempt or conspiracy to commit any of the foregoing offenses.
Sub-section 4
Age means 60 years old or more
Disability means a physical or mental impairment that substantially limits a major life activity
Section 485.10 – Sentencing
Sub-section 1
When a person is convicted of hate crime pursuant to this article, and the specified offense is a violent felony offense as defined in Section 70.02 of New York State Penal Law, the hate crime shall be deemed a violent felony offense.
Sub-section 2
If a person is convicted of a hate crime pursuant to this Article and the specified offense is a misdemeanor or a class C, D, or E felony, that hate crime shall be deemed to be one category higher then the specified offense that the defendant committed
OR
One category higher then the offense level applicable to the defendants conviction for an attempt or conspiracy to commit a specified offense
Sub-section 3
If a person is convicted of a hate crime and the specified offense is a class B felony, then the following apply
* The maximum term of the indeterminate sentence must be at least 6 years if the defendant is sentenced pursuant to Section 70.00 of this chapter;
* The term of the determinate sentence must be at least 8 years if the defendant is sentenced pursuant to Section 70.02 of this chapter;
* The term of the determinate sentence must be at least 12 years if the defendant is sentenced pursuant to Section 70.04 of this chapter
* The maximum term of the indeterminate sentence must be at least 4 years if the defendant is sentenced pursuant to section 70.05 of this chapter; and
* The maximum term of the indeterminate sentence or the term of the determinate sentence must be at least 10 years if the defendant is sentenced pursuant to Section 70.06 of this chapter
Sub-section 4
Notwithstanding any other provision of the law, when a person is convicted of a hate crime pursuant to this Article, and the specified offense is a Class A-1 felony, the minimum period of the indeterminate sentence shall not be less then 20 years.
|
