Legislation

Search OpenLegislation Statutes
This entry was published on 2020-11-06
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 485.05
Hate crimes
Penal (PEN) CHAPTER 40, PART 4, TITLE Y, ARTICLE 485
§ 485.05 Hate crimes.

1. 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, gender identity or expression, religion,
religious practice, age, disability or sexual orientation of a person,
regardless of whether the belief or perception is correct, or

(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, gender identity or
expression, religion, religious practice, age, disability or sexual
orientation of a person, regardless of whether the belief or perception
is correct.

2. Proof of race, color, national origin, ancestry, gender, gender
identity or expression, religion, religious practice, age, disability or
sexual orientation of the defendant, the victim or of both the defendant
and the victim does not, by itself, constitute legally sufficient
evidence satisfying the people's burden under paragraph (a) or (b) of
subdivision one of this section.

3. A "specified offense" is an offense defined by any of the following
provisions of this chapter: 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); section 121.12 (strangulation in the
second degree); section 121.13 (strangulation 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 third
degree); section 135.61 (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);
section 490.10 (soliciting or providing support for an act of terrorism
in the second degree); section 490.15 (soliciting or providing support
for an act of terrorism in the first degree); section 490.20 (making a
terroristic threat); section 490.25 (crime of terrorism); section 490.30
(hindering prosecution of terrorism in the second degree); section
490.35 (hindering prosecution of terrorism in the first degree); section
490.37 (criminal possession of a chemical weapon or biological weapon in
the third degree); section 490.40 (criminal possession of a chemical
weapon or biological weapon in the second degree); section 490.45
(criminal possession of a chemical weapon or biological weapon in the
first degree); section 490.47 (criminal use of a chemical weapon or
biological weapon in the third degree); section 490.50 (criminal use of
a chemical weapon or biological weapon in the second degree); section
490.55 (criminal use of a chemical weapon or biological weapon in the
first degree); or any attempt or conspiracy to commit any of the
foregoing offenses.

4. For purposes of this section:

(a) the term "age" means sixty years old or more;

(b) the term "disability" means a physical or mental impairment that
substantially limits a major life activity;

(c) the term "gender identity or expression" means a person's actual
or perceived gender-related identity, appearance, behavior, expression,
or other gender-related characteristic regardless of the sex assigned to
that person at birth, including, but not limited to, the status of being
transgender.