Hate Crimes vs. Hate Incidents with District Attorney Boudin

A HATE CRIME is any criminal act (or attempted criminal act) directed against someone, a public agency, or a private institution based on a victim’s actual or perceived race, nationality, religion, sexual orientation, disability, gender, or other “protected class.” A hate crime includes an act that results in: any physical injury, no matter how slight; property damage; a verbal threat of violence that it is possible to carry out; and/or criminal acts directed against a public or private agency.

A HATE INCIDENT is any non-criminal act, including words, directed against someone based on their actual or perceived race, nationality, religion, sexual orientation, disability, gender, or other “protected class.” Hate incidents include, but are not limited to, slurs/epithets, distribution of hate material (social media posts, mail, flyers, etc.) that does not result in property damage, and the display of offensive material on one’s own property. Not all incidents of hatred are crimes. Verbal name calling, although offensive, is not a crime. For this to be a crime, it must be accompanied by a credible threat of violence and it must be possible for the actor to carry the threat out. In addition, the crime committed against the victim must be in whole or in part prejudice-based.