WARNING!
This presentation and the slides that follow are the
work product and intellectual property of Francis J.
Carino and the Connecticut Division of Criminal
Justice. They may not be used, copied or otherwise
presented or reproduced without the express written
consent of Francis J. Carino or the Connecticut
Division of Criminal Justice.
NOTE: This is material was updated on November 24,
2015 and is subject to change after that date as new
laws get passed and new court decisions are rendered.
You should refer to the current laws and decisions
when taking any action.
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Division of Criminal Justice
Kevin T. Kane, Chief State’s Attorney
Crimes Motivated by Hate & Bias
Presented by: Francis J. Carino
Supervisory Assistant State’s Attorney
2014 - 2015
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The primary source of the information
presented comes from the Hate Crime
Data Collection Guidelines and Training
Manual published by the Criminal Justice
Information Services Division, FBI
Uniform Crime Reporting Program!
found at: https://www.fbi.gov/about-us/
cjis/ucr/hate-crime-data-collectionguidelines-and-training-manual.pdf
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What are hate crimes?
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Hate Crime Definition
People have biases against:
• rich people,
• poor people,
• the elderly,
• people who dress differently,
• smokers,
• drinkers,
• people who are overweight, etc.
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Hate Crime Definition
The types of bias that constitute a hate crime and
are required to be reported to the FBI are limited to
those mandated by the Hate Crime Statistics Act,
as amended, are:
• race,
• religion,
• disability,
• sexual orientation,
• ethnicity,
• gender, or
• gender identity.
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Hate Crime Definition
A criminal offense committed against persons,
property or society that is motivated by an offender’s
bias against an individual’s or a group’s perceived
Ø race,
Ø religion,
Ø disability,
Ø sexual orientation,
Ø ethnicity,
Ø gender, or
Ø gender identity
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Evidence that crime was motivated by bias:
1. The offender and the victim were of a different race,
religion, disability, sexual orientation, ethnicity, gender,
and/or gender identity. For example, the victim was African
American and the offender was white.
2. Bias-related oral comments, written statements, or
gestures were made by the offender which indicates the
offender’s bias. For example, the offender shouted a racial
epithet at the victim.
3. Bias-related drawings, markings, symbols, or graffiti were
left at the crime scene. For example, a swastika was
painted on the door of a synagogue, mosque, or LGBT
Center.
4. The offender was previously involved in a similar hate
crime or is a hate group member.
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Evidence that crime was motivated by bias:
5. Certain objects, items, or things which indicate bias were
used. For example, the offenders wore white sheets with
hoods covering their faces or a burning cross was left in
front of the victim’s residence.
6. The victim is a member of a specific group which is
overwhelmingly outnumbered by other residents in the
neighborhood where they live and the incident took place.
7. The victim was visiting a neighborhood where previous hate
crimes had been committed because of race, religion,
disability, sexual orientation, ethnicity, gender, or gender
identity and where tensions remained high against the
victim’s group.
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Evidence that crime was motivated by bias:
8. Several incidents occurred in the same locality, at or about
the same time, and the victims were all of the same race,
religion, disability, sexual orientation, ethnicity, gender, or
gender identity.
9. A substantial portion of the community where the crime
occurred perceived that the incident was motivated by bias.
10.The victim was engaged in activities related to his or her
race, religion, disability, sexual orientation, ethnicity, gender,
or gender identity. For example, the victim was a member of
the National Association for the Advancement of Colored
People (NAACP) or participated in an LGBT Pride
celebration.
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Evidence that crime was motivated by bias:
11. The incident coincided with a holiday or a date of particular
significance relating to a race, religion, disability, sexual
orientation, ethnicity, gender, or gender identity, e.g., Martin
Luther King Day, Rosh Hashanah, or the Transgender Day
of Remembrance (November 20).
12.There were indications that a hate group was involved. For
example, a hate group claimed responsibility for the crime or
was active in the neighborhood.
13.A historically-established animosity existed between the
victim’s and the offender’s groups.
14.The victim, although not a member of the targeted racial,
religious, disability, sexual orientation, ethnicity, gender, or
gender identity group, was a member of an advocacy group
supporting the victim group.
Source: FBI Hate Crime Data Collection Guidelines & Training Manual
Document Date:12/19/2012
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Connecticut Hate Crime Offenses
Establishing Intent
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Law on intent:
Intent may be, and usually is, inferred:
Ø from the defendant’s verbal or physical conduct; and also
!
Ø from the surrounding circumstances, including information
about the events leading up to and immediately following the
incident.
The use of inferences based on circumstantial evidence is
necessary because direct evidence of the accused’s state of
mind is rarely available;
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Bias Crime Scenarios
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Scenario #1
1
Two white, gay men were walking through a neighborhood
where a number of gay bars and businesses are located.
Four Latino men approached them and hit one of the gay
men in the face, rendering him unconscious. The
assailants then hurled anti-gay slurs at the men and
demanded their money and cell phones.
!
An Anti-Gay Bias should be reported with this incident.
The bias was evident in the attack, through the use of
slurs, and in the selection of a gay area as the site of the
attack, even though robbery was also a motive. Race
should not be identified as the bias because there was no
evidence of racial or ethnic animosity.
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Scenario #2
1
A group home for persons with psychiatric disabilities who
were in transition back into the community was the site of a
reported arson. Investigation revealed that neighbors had
expressed many concerns about the group home in town
meetings and were angry that the house was located in their
community. Shortly before the fire was reported, a witness
heard a male state, “I’ll get rid of those ‘crazies.’ I’ll burn them
out.”
!
An Anti-Mental Disability Bias should be reported with this
incident since the suspect apparently committed the crime
due to his bias against persons with psychiatric disabilities.
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Scenario #3
1
A transgender woman met a straight man through a social
networking application. According to the man, when the two
met, they spent nearly three days together. During that time,
the woman admitted that she used to be a man. The man
then began beating her until she was dead. The man felt
justified in beating and killing the transgender woman
because he said he was “fooled by her gender presentation.”
!
An Anti-Transgender Bias should be reported with this
incident because the perpetrator targeted the victim as a
result of his discovery of her gender identity.
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Scenario #4
1
A woman took a handgun into a fitness center, entered the
men’s locker room, and fired numerous shots. Two men were
killed and one other man was injured in the shooting. The
killer’s blog revealed that she had planned the attack for
some time and harbored a deep “hatred for men” for rejecting
her all of her life.
!
This incident should be reported with an Anti-Male Bias
because the evidence indicated that the offender harbored a
deep “hatred for men” for rejecting her all of her life.
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Scenario #5
1
Overnight, unknown persons broke into a synagogue and
destroyed several religious objects. The perpetrators drew a
large swastika on the door and wrote “Death to Jews” on a
wall. Although valuable items were present, none were stolen.
!
This incident should be reported with an Anti-Jewish Bias
because the offenders destroyed religious objects and left
anti-Semitic words and graffiti behind, and theft did not
appear to be the motive for the burglary.
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Responding Officer’s Responsibilities
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Responding Officer’s Responsibilities
1. As with any crime, quickly evaluate what has happened
and take any necessary action to stabilize the situation.
2. Address the special needs of the victim, be sensitive to the
effects of a bias crime on the victim.
• the hate crime victim may feel a deeper level of isolation,
fear, and anger than that felt by other victims;
• they may be fearful that the occurrence will happen again,
and angry that he or she has become a victim.
• they were victimized for no other reason than his or her
race, religion, disability, ethnicity, sexual orientation,
gender, or gender identity and there is nothing they can or
should do to change those characteristics.
• this type of personal experience can result in a feeling of
loss of control over one’s life.
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Responding Officer’s Responsibilities
3. Determine whether additional resources are needed on the
scene, such as community affairs/relations representatives,
mental/physical health professionals, and/or the clergy. At
a minimum, the victim should be referred to appropriate
social and legal services.
4. Be knowledgeable of the elements of a bias-related crime.
factors to be considered:
• Is the motivation of the alleged offender known?
• Was the incident known to have been motivated by
racial, religious, disability, ethnic, sexual orientation,
gender, or gender identity bias?
• Does the victim perceive the action of the offender to
have been motivated by bias?
• Is there no clear other motivation for the incident?
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Responding Officer’s Responsibilities
• Were any racial, religious, disability, ethnic, sexual
orientation, gender, or gender identity bias remarks made
by the offender?
• Were there any offensive symbols, words, or acts which
are known to represent a hate group or other evidence of
bias against the victim’s group?
• Did the incident occur on a holiday or other day of
significance to the victim’s or offender’s group?
• What do the demographics of the area tell you about the
incident?
While the mere utterance of a racial epithet by the offender
does not establish a hate crime, when combined with other
factors indicating bias, it could.
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Connecticut Hate Crime Offenses
Reporting Requirements
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Connecticut Hate Crime Offenses
C.G.S. § 29-7m.
(a) On and after July 1, 1988, the Division of State
Police within the Department of Public Safety shall
monitor, record and classify all crimes committed in the
state which are motivated by bigotry or bias.
!
(b) The police department, resident state trooper or
constable who performs law enforcement duties for each
town shall monitor, record and classify all crimes
committed within such town which are violations of
section 53a-181j, 53a-181k or 53a-181l and report such
information to the Division of State Police within the
Department of Public Safety.
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Connecticut Hate Crime Offenses
How to report a hate crime arrest:
!
1. If your department reports using NIBRS, the necessary
data fields are embedded in the Records Management
System.
2. If your department reports using the UCR Summary,
those forms have been updated.
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Connecticut Hate Crime Offenses
There are some updates to the fields used for data
collection starting 1/1/2015.
• Seven new religions and an Arab bias motivation have
been added.
• Race/Ethnicity/Ancestry codes have been combined
and an Anti-Asian code added.
• Two additional Human Trafficking Offenses have been
added:
• Human Trafficking, Commercial Sex Acts
• Human Trafficking, Involuntary Servitude
Any questions should be referred to Kristi Donahue at:
[email protected] or 304-625-2972
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Connecticut Hate Crime Offenses
Statistics
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Connecticut Hate Crime Offenses - 2013
Intimidation
Criminal Mischief
Simple Assault
Larceny
Aggravated Assault
Burglary
Weapons Offense
Robbery
Intimidation
Criminal
Mischief
Assault
Larceny
Agg
Assault
Weapons
Burglary
Robbery
2013
Source: Crime In Connecticut 2013 (DESPP)
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Hate Crimes Reported In Connecticut
Source: Crime In Connecticut 2013 (DESPP)
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Connecticut Hate Crime Offenses
Statutory Offenses
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Connecticut Hate Crime Offenses
§ 53a-181j. Intimidation based on bigotry or bias in the
first degree: Class C felony
!
a. maliciously, and
b. with specific intent to intimidate or harass another
person because of the actual or perceived race,
religion, ethnicity, disability, sexual orientation or
gender identity or expression of such other person,
c. causes serious physical injury to such other person or
to a third person.
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Connecticut Hate Crime Offenses
§ 53a-181k. Intimidation based on bigotry or bias in the
second degree: Class D felony
!
a. maliciously, and
b. with specific intent to intimidate or harass another
person because of the actual or perceived race,
religion, ethnicity, disability, sexual orientation or
gender identity or expression of such other person,
c. (1) causes physical contact with such other person, or
(2) damages, destroys or defaces any real or personal
property of such other person, or
(3) threatens, by word or act, to do so, if there is
reasonable cause to believe that an act described in
subdivision (1) or (2) of this subsection will occur.
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Connecticut Hate Crime Offenses
§ 53a-181l. Intimidation based on bigotry or bias in the
third degree: Class A misdemeanor
!
a. specific intent to intimidate or harass another person or
group of persons because of the actual or perceived
race, religion, ethnicity, disability, sexual orientation or
gender identity or expression of such other person or
persons,
b. (1) damages, destroys or defaces any real or personal
property, or
(2) threatens, by word or act, to do so or advocates or
urges another person to do so, if there is reasonable
cause to believe that such an act will occur.
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Intimidation Based On Bigotry/Bias Laws
malice,
specific intent and
serious physical injury
1st degree
C felony
malice,
specific intent and
• physical contact, or
• damage to property or
• threatens to do so and reason to
believe such act will occur
2nd degree
D felony
specific intent and
• damage to property or
• threatens to do so or urges another
person to do so and reason to
believe such act will occur
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3rd degree
A misdemeanor
What is bullying?
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DEFINITIONS OF “BULLYING”
CGS §10-222d now defines
“bullying” as:
Written, Oral
or Electronic
Communication
OR
by one or more students
repeatedly directed
places such student in reasonable
fear of harm to himself or herself, or
of damage to his or her property,
AND
OR
AND
OR
Physical Act or
Gesture
causes physical or emotional harm
to such student or damage to such
student's property,
creates a hostile environment at
school for such student,
at another student
attending school in the
same school district
OR
infringes on the rights of such
student at school,
Bullying might be a
crime if the
communication, act
or gesture is
actually a crime.
OR
substantially disrupts the education
process or the orderly operation of
a school.
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race
“Bullying” is also defined as:
color
religion
ancestry
Written, Oral
or Electronic
Communication
OR
Physical Act or
Gesture
national origin
based on any actual
or perceived
differentiating
characteristic, such as:
gender
sexual orientation
gender identity or expression
socio-economic status
academic status
Bullying might be a
hate crime if the
communication, act
or gesture is a crime
and based on:
Bullying might be a
crime if the
communication, act
or gesture is
actually a crime.
physical appearance
mental, physical, developmental or
sensory disability
association with an individual or group
who has or is perceived to have one or
more of such characteristics
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Bullying Reporting Requirement
CGS §10-222d(b)(3) requires school employees who
witness acts of bullying or receive reports of bullying to
orally notify the safe school climate specialist or another
school administrator, not later than one school day after
such school employee witnesses or receives a report of
bullying, and to file a written report not later than two
school days after making such oral report.
Find out if you are deemed to be a “school employee.”
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How do you get more information?
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Sources:
Anti-Defamation League
1952 Whitney Avenue
Hamden, CT 06517
www.adl.org
Int’l Assn of Chiefs of Police
515 North Washington St.
Alexandria, VA 22314-2357
www.theiacp.org
Southern Poverty Law Center
400 Washington Avenue
Montgomery, AL 36104
www.splcenter.org
Teaching Tolerance
400 Washington Avenue
Montgomery, AL 36104
www.teachingtolerance.org
http://www.adl.org/hate_symbols/default_graphics.asp
The Hate Crime Data Collection Guidelines and Training Manual published
by the Criminal Justice Information Services Division, FBI Uniform Crime
Reporting Program found at: http://www.fbi.gov/about-us/cjis/ucr/datacollection-manual
http://www.fbi.gov/ucr/hc2007/incidents.htm
Office of the Victim Advocate: 860-550-6632
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Presented by:
Francis J. Carino
Supervisory Assistant State’s Attorney
Office of the Chief State’s Attorney
300 Corporate Place
Rocky Hill, CT 06067
Tel.: (860) 258-5826
Fax: (860) 258-5858
Voice Pager: (860) 490-0647
E-mail: [email protected]
CT Juvenile Law website: www.francarino.com
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