Federal and State Hate Crimes Laws

Federal and State Hate Crimes Laws
North Carolina Human Relations
Commission
1318 Mail Service Center
Raleigh, North Carolina 27699-1318
(919) 789-5930/Office Telephone
Number
(919) 420-1372/Office Fax Number
FEDERAL AND STATE LAWS
DEALING WITH HATE CRIMES
FEDERAL LAWS DEALING
WITH HATE CRIMES
 Conspiracy
Section 241)
Against Rights (18 U.S.C.,
 Deprivation
of Rights Under Color of
Law (18 U.S.C., Section 242)
 Federally
Protected Activities (18
U.S.C., Section 245)
FEDERAL LAWS DEALING
WITH HATE CRIMES
 Damage
to Religious Property;
Obstruction of Persons in The Free
Exercise of Religious Beliefs (18 U.S.C.,
Section 247)
 Freedom
of Access to Clinic Entrances
(18 U.S.C., Section 248)
FEDERAL LAWS DEALING
WITH HATE CRIMES
 Use
of Fire or Explosive in the
Commission of a Felony (18 U.S.C.,
Section 844)
 “Prevention
of Intimidation” Provision
of Fair Housing Act ( 42 U.S.C., Section
3631)
FEDERAL HATE CRIME
SENTENCE ENHANCEMENT
HATE CRIME SENTENCE ENHANCEMENT
 Section 280003 of the Violent Crime Control
and Law Enforcement Act of 1994 directed
the US Sentencing Commission to revise the
federal sentencing guidelines to provide for
sentencing enhancements for hate crimes.
 The guidelines were amended effective
November 1, 1995.
FEDERAL HATE CRIME
SENTENCING ENHANCEMENT
 The
guidelines have been amended to include
an upward adjustment for “hate crime
motivation.”
 The adjustment provides that a three-level
increase in offense level can be applied (see
adjustment).
 Under the adjustment, presumable any
federal offense, even a non-civil rights
offense, could be punished as a hate crime.
NC HATE CRIME LAWS
 Ethnic
Intimidation (N.C. G. S., Chpt. 14-401.14)
 Church Burning (N.C.G.S., Chpt. 14-62.2)
 Cross Burning (N.C.G.S., Chpt. 14-12.12)
 Placing Exhibits to Intimidate Others
(N.C.G.S.,Chpt.14-12.13)
 Placing Exhibit While Wearing Mask, Hood or
Other Disguise (N.C.G.S., Chpt. 14-12.14)
NOTE: This is an abbreviated list.
LEGISLATIVE UPDATE
ANTI-NOOSE/CROSS BURNING
LEGISLATION
N.C.G.S. Chpt. 14-401.14A. Unlawful to
burn a cross or hang a noose with the
intent to intimidate.
LEGISLATIVE UPDATE
(continued)


A person who burns a cross or hangs a noose
with the expectation and the probability that
another person will view the cross or noose
with the intent to intimidate that person
because of race, color, religion, nationality or
country of origin is guilty of a Class H felony
Passed the 2008 short session of NC General
Assembly and law is in effect as of December
1, 2008
ACTIVE HATE GROUPS IN
NORTH CAROLINA
*Note: This list is compiled by the Southern
Poverty Law Center (SPLC) in Montgomery,
Alabama, who monitor hate groups across
the nation and world. The symbols are
compiled by the Anti-Defamation League
(ADL) of Washington, D.C.
ACTIVE HATE GROUPS IN
NORTH CAROLINA
BLACK SEPARATIST
GROUPS
Nation of Islam:
Charlotte
Durham
Greensboro
Greenville
Winston-Salem
ACTIVE HATE GROUPS IN
NORTH CAROLINA
There has also been
some speculation that
a chapter of the New
Black Panther Party
has been established in
the City of Durham.
ACTIVE HATE GROUPS IN
NORTH CAROLINA
CHRISTIAN IDENTITY
New Beginnings - Waynesville
Stone Kingdom Ministries Asheville
Creativity Movement North
Carolina (formerly the
World Church of the
Creator) – Western Part of
the State
ACTIVE HATE GROUPS IN
NORTH CAROLINA
KU KLUX KLAN GROUPS
Brotherhood of the Ku Klux Klan Elizabethtown
Southern Realm Invisible Knights
of the Ku Klux Klan - Lincolnton
Southern White Knights of the
Ku Klux Klan -Beaulaville
ACTIVE HATE GROUPS IN
NORTH CAROLINA
Ku Klux Klan Groups
Free Knights of the Ku Klux
Klan - Madison
Griffin Knights of the Ku Klux
Klan - Mount Holly
Knights of the Ku Klux Klan Raleigh
ACTIVE HATE GROUPS IN
NORTH CAROLINA
KU KLUX KLAN
GROUPS
Imperial Knights of
the Ku Klux Klan Statewide
ACTIVE HATE GROUPS IN
NORTH CAROLINA
NEO-CONFEDERATE
GROUPS
League of the South Burlington
Charlotte
Durham
Hamlet
Salisbury
Wilmington
Winston-Salem
ACTIVE HATE GROUPS IN
NORTH CAROLINA
Neo-Nazi Groups
Aryan Nation Statewide
ACTIVE HATE GROUPS IN
NORTH CAROLINA
Additional
Symbols used
and seen in
North Carolina
by Aryan
Nation
ACTIVE HATE GROUPS IN
NORTH CAROLINA
NEO-NAZI GROUPS
Carolina Vanguard Morrisville
National Alliance Benson
ACTIVE HATE GROUPS IN
NORTH CAROLINA
NEO-NAZI GROUPS
National Socialist
Movement Charlotte
Elizabeth City
Greensboro
Raleigh
Winston-Salem
ACTIVE HATE GROUPS IN
NORTH CAROLINA
NEO-NAZI GROUPS
National Vanguard Raleigh
Women for Aryan
Unity - Raleigh
ACTIVE HATE GROUPS IN
NORTH CAROLINA
RACIST SKINHEAD
GROUPS
Carolina Skinhead
Alliance - High Shoals
Troops for Tomorrow Statewide
ACTIVE HATE GROUPS IN
NORTH CAROLINA
WHITE NATIONALIST
GROUPS
Council of Conservative
Citizens - Clemmons
14 World Press Wilmington
White Power Records Wilmington