§249 Hate Crime Acts

Summary

Makes it a federal crime to willfully hurt someone or try to hurt them with fire, a gun, a dangerous weapon, or an explosive because of who the victim is. It covers race, color, religion, and national origin anywhere. It also covers religion, national origin, gender, sexual orientation, gender identity, and disability when the act involves travel or use of interstate or foreign commerce, a weapon that moved across state lines, or when it affects interstate commerce. A person who commits these crimes can be punished up to 10 years in prison or fined. If the crime causes death, includes kidnapping, aggravated sexual abuse, or an attempt to kill, the punishment can be any term of years or life. People who conspire to do these crimes that cause death or serious injury can be punished up to 30 years. Federal prosecutors must have written approval from the Attorney General to bring these charges unless a State lacks jurisdiction, asks the federal government to act, a state result left the federal interest unprotected, or a federal case is needed to secure justice. Federal officers and grand juries may still investigate. “Bodily injury” excludes only pure emotional harm. “Gender identity” means actual or perceived gender traits. “State” includes DC, Puerto Rico, and territories. Most offenses must be charged within 7 years, but crimes that result in death have no time limit. A court may order education or community service tied to the harmed community as part of supervised release.