At the end of 2018, the New York Police Department (NYPD) released certain statistics on crime in New York City. One of the disturbing numbers was a small, but noticeable, spike in the number of hate crimes reported last year. These numbers reflect a similar trend throughout the State of New York, with hate crime in New York, generally, rising. What exactly is a hate crime in New York?

The Law on Hate Crime in New York

There is a separate section in the New York criminal laws, officially called the New York Penal Law, that covers hate crime. The NYPD, prosecutors, and criminal defense lawyers rely on this particular section of the New York Penal Law, and the definitions included, when assessing a case as a hate crime or not. Here is how hate crime is defined in Section 485.05 of the Penal Law.

A person commits a specified offense (discussed later in this post) and:

• Intentionally selects the victim of the specific offense because of a belief or perception about the victim’s, “race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation,” even if those beliefs are incorrect, or
• Intentionally commits the specified offense because of a belief or perception about, “race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation,” even if that belief is incorrect.

Specified Offenses in New York

As the section of the New York Penal Law states, only certain criminal offenses are considered “specified offenses” for purposes of hate crimes. The list of specified offenses was based on the legislative findings that led to the hate crime statute in the New York Penal Law. These findings identified specified offenses as those crimes involving violence, intimidation, and destruction of property. The list of specified offenses now includes:

• Assault and aggravated assault,
• Menacing,
• Reckless endangerment,
• Strangulation,
• Manslaughter and murder,
• Stalking,
• Rape and other sex crimes,
• Unlawful imprisonment,
• Coercion,
• Burglary,
• Arson, and
• Other violent and property offenses.

Of course, a prosecutor must have evidence of all elements of the specified offense and evidence of the intention behind the crime to amount to a hate crime in New York. For example, the prosecutor must show that the defendant did commit burglary by knowingly entering someone else’s home for the purpose of committing a crime inside, and then the prosecutor must show that the burglary was committed because of the victim’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation.

Sentencing for a Hate Crime in New York

Not only do hate crimes in New York have a special provision in the state’s criminal law but are often also handled by a special task force of the NYPD and involve steeper criminal punishments than other crimes.

According to the New York Penal Law in Section 485.10, a hate crime is a violent felony offense. As well, there are set rules for how a prosecutor must charge a hate crime in New York.  If the specified offense is a misdemeanor, class C, D, or E felony then the charges should be one category higher than the specified offense would be without the element of a hate crime. Meanwhile, if the offense is a class B or A felony, then if convicted, the sentence must meet certain mandatory minimums. For a class A-1 felony that is a minimum of 20 years for a hate crime in New York.

Talk to a Lawyer in New York

If you or a loved one faces charges for a hate crime in New York, you need the advice and experience of a New York criminal lawyer. Call 212-951-1232 for a free consultation with Ms. Rendelman or visit www.RendelmanLaw.com to learn more.