Posted By:
Josh K.James,
Im not a criminal lawyer, but there has to be evidence of intent based on race etc. before something becomes a hate crime. A crime against someone of a different color or religion isnt enough - however, if you do it in a white hood (and by hood I mean hat, not ones place of residence), it might be.
Further, and one of the criminal lawyers can correct me if Im wrong, but I believe if there is evidence that a white person was assaulted due to the color of their skin, it too could be deemed a hate crime.
Finally, what Adam was trying to explain is that you cannot be convicted simply for hating someone - that is not illegal. You are convicted of the crime (ie the assault, etc). Once convicted, the sentencing takes into account any aggravating factors - one of which is a hate based crime. Thus, you might get 20 years instead of 10 years but youre going to jail for the crime itself either way.