Although many states have enacted laws banning specific "hate crimes," it is also a federal offense to intentionally cause or attempt to cause bodily injury to someone based on their actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation.

This law is codified at 18 U.S.C. § 249. Depending on the circumstances and the extent of injury to the victim, a person convicted of a federal hate crime may face a life sentence.

When federal prosecutors find that a crime was committed against someone because of particular traits of the victim, the offender may face increased penalties under state or federal hate crime laws. These laws specify elements and include sexual orientation and gender identity as protected categories.

Hate crime prosecutions are classified as civil rights violations. A federal conviction can lead to severe penalties.

If you're charged with a civil rights violation, federal laws might apply, and you should consult an experienced federal criminal defense attorney. Let's examine these laws in more detail below.

What Does Section 249 Say?

18 U.S.C. § 249 says, "Whoever willfully causes bodily injury to someone or, through using a firearm, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to anyone, because of the actual or perceived race, color, religion, or national origin of any person, shall be fined and imprisoned for up to ten years or life in prison if death results or the offense includes kidnapping, aggravated sexual abuse or an attempt to kill."

Also known as the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009, Title 18 U.S.C. 249 was enacted to address gaps in the law and bolster enforcement, enabling prosecutors to better identify and prosecute hate crime offenders. It includes specific scenarios that other hate crime laws may not cover.

What Specifically Does the Law Prohibit?

18 U.S.C. 249 criminalizes certain hate crime offenses as federal felonies.

• Intentionally inflict bodily harm; or
• Try to inflict bodily harm with fire, guns, explosives, or another deadly weapon.

18 U.S.C. 249 criminalizes committing either of the above acts against victims due to their actual or perceived connection with certain groups.

• Their specific race, color, religion, or national origin in general; or
• Their religion, national origin, gender, sexual orientation, gender identity, or disability are protected if the action involves crossing state lines or impacts interstate or foreign commerce. This provision addresses hate crimes across state boundaries, where individual state laws would only cover crimes within their own state.

A crucial aspect of this law is the phrase "actual or perceived" (race, religion, etc.). This broadens the definition of a hate crime to safeguard victims who are believed to have a protected characteristic, even if that belief is mistaken.

Therefore, injuring someone because they are Jewish—even if they are not—is still considered a federal hate crime, just as if the victim were truly Jewish.

Which Federal Laws Are Related?

18 U.S. Code Chapter 13 details the federal laws related to civil rights violations, including the following:

• 18 U.S.C. § 241: This law criminalizes any conspiracy to harm, suppress, threaten, or intimidate individuals in the U.S. to prevent them from exercising or enjoying their constitutional rights.
• 18 U.S.C. § 242: This law prohibits depriving individuals of their rights under the guise of official authority.
• 18 U.S.C. § 243: This law forbids excluding individuals from jury service based on race or color.
• 18 U.S.C. § 244: This law bans discrimination against individuals in public spaces in the United States based on their military uniform.
• 18 U.S.C. § 245: This law forbids interfering with a person's legal right to vote, access benefits, apply for or get a job with U.S. agencies, or participate in federal programs.
• 18 U.S.C. § 246: This statute prohibits directly or indirectly depriving individuals of their employment, position, work, or other benefits.
• 18 U.S.C. § 247: This statute pertains to criminal acts involving the destruction of religious property because of its religious significance.
• 18 U.S.C. § 248: This law forbids blocking access to reproductive health services through threats or force, intentionally causing harm, or damaging clinic property.

What are the Consequences of Violating 16 U.S.C. 249?

Penalties for violating 18 U.S.C. § 249 vary based on the individual case but can be quite harsh. Generally, individuals convicted of a federal hate crime under this law face the potential for a sentence including:

• Imprisonment for a maximum of 10 years; or
• A penalty of as much as $250,000.

However, under specific conditions, the maximum penalty for this hate crime could be increased to life imprisonment. This applies if the crime involves any of the following:

• Kidnapping
• Attempted kidnapping
• Aggravated sexual assault
• Attempted aggravated sexual assault
• Attempted murder
• The death of anyone as a result of the crime

What Are the Potential Defenses?

If you have been charged with a federal hate crime, a good attorney will seek either to completely exonerate you from the violent offense or remove the hate crime element from the charges. This could include changing the venue to a state rather than a federal court. The most common defenses include, but are not limited to:

Maybe we can claim that you did not intentionally harm or try to harm the victim. In other words, the injury was unintentional. We might also argue that you were not involved in a hate crime. For instance, you could have been there or part of a group where certain individuals carried out the crime, but you were not directly involved.

You might argue that your actions did not target the alleged victim due to a protected characteristic. While you may have confronted the person, it wasn't based on race, religion, or other protected traits. Contact our law firm to review your case and explore legal options if you are accused of a hate crime. We might also negotiate with the federal prosecutor for a favorable outcome.

Cron, Israels & Stark is based in Los Angeles, California. Please reach out to us for a case review by phone or via our contact form.