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Published byJacoby Cottrill Modified over 9 years ago
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HATE CRIMES MARCUS TAPIA PERIOD 4 MARCH 7 TH, 2013
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WHAT IS A HATE CRIME? A hate crime is a criminal act committed, in whole or in part, because of one or more actual or perceived characteristics of the victim including: disability, gender, nationality, race or ethnicity, religion, sexual orientation or association with any person or group that has one or more of these actual or perceived characteristics. California PC 422.6 prohibits anyone from damaging property or using force or threats of violence to interfere with someone else’s rights because of any of these actual or perceived characteristics. A hate crime is NOT a hate indecent, which is a hate-motivated conduct that is protected by the individual’s First Amendment right to freedom of expression.
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WHAT ARE SOME EXAMPLES OF HATE CRIMES? Hate crimes take many forms. Examples: Physical assault Attempted assault Threat of assault Crimes motivated by the offender's bias Threating phone call Swastika on your door Burning of the cross on your lawn
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WHAT WILL HAPPEN TO THE PERSON WHO HARMED ME? If there is sufficient evidence, a county district attorney can prosecute the alleged attacker. Depending on the facts of the case, the assailant could face jail and a fine, or prison. If the crime is a hate-motivated felony, the judge can add years onto the offender’s prison sentence. A restitution can be ordered to pay back the individual for the actual damages and loses involved in the crime.
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HOW CAN I STOP SOMEONE FROM CONTINUING TO HARM ME? If the identity of the person is known, a restraining order can be filed from a city attorney, county district attorney, or the California Attorney General’s office. The district/city attorney can also see a civil injunction of behalf of the State of California and have the person who violated your rights pay you a $25,000 penalty.
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