Bias Crimes/Hate Crimes/Malicious Harassment
Perhaps you have heard the "hate crime" or "bias crime" and wondered about their meanings. Maybe you have some idea of what "malicious harassment" is yet you're not sure if it is a crime and, and if it is a crime, is it a felony or a misdemeanor? Although the terms "bias crime," "hate crime," and "malicious harassment" mean the same thing, "malicious harassment" is the legal term used for these crimes in both the Revised Code of Washington (the collection of all permanent laws now in effect in Washington state) and the City of Seattle Municipal Code (the laws in effect in Seattle).
According to RCW 9A.36.080, a person is guilty of malicious harassment if he or she maliciously and intentionally commits one of the following acts because of his or her perception of the victim's race, color, religion, ancestry, national origins, gender, sexual orientation, or mental, physical, or sensory handicap:
(a) Causes physical injury to the victim or another person;
(b) Causes physical damage to or destruction of the property of the victim or another person; or
(c) Threatens a specific person or group of persons and places that person, or members of the specific group of persons, in reasonable fear of harm to person or property. The fear must be a fear that a reasonable person would have under all the circumstances. For purposes of this section, a "reasonable person" is a reasonable person who is a member of the victim's race, color, religion, ancestry, national origin, gender, or sexual orientation, or who has the same mental, physical, or sensory handicap as the victim. Words alone do not constitute malicious harassment unless the context or circumstances surrounding the words indicate the words are a threat. Threatening words do not constitute
malicious harassment if it is apparent to the victim that the person does not have the ability to carry out the threat.
Additional information about malicious harassment/hate crime/bias crime and how to report it to authorities may be found at the following websites::
According to RCW 9A.36.080, a person is guilty of malicious harassment if he or she maliciously and intentionally commits one of the following acts because of his or her perception of the victim's race, color, religion, ancestry, national origins, gender, sexual orientation, or mental, physical, or sensory handicap:
(a) Causes physical injury to the victim or another person;
(b) Causes physical damage to or destruction of the property of the victim or another person; or
(c) Threatens a specific person or group of persons and places that person, or members of the specific group of persons, in reasonable fear of harm to person or property. The fear must be a fear that a reasonable person would have under all the circumstances. For purposes of this section, a "reasonable person" is a reasonable person who is a member of the victim's race, color, religion, ancestry, national origin, gender, or sexual orientation, or who has the same mental, physical, or sensory handicap as the victim. Words alone do not constitute malicious harassment unless the context or circumstances surrounding the words indicate the words are a threat. Threatening words do not constitute
malicious harassment if it is apparent to the victim that the person does not have the ability to carry out the threat.
Additional information about malicious harassment/hate crime/bias crime and how to report it to authorities may be found at the following websites::
- the Seattle Police Department 's webpage, "Malicious Harassment/Bias Crimes" (www.seattle.gov/police/safety/harassment/default.htm); from this page you may download the SPD brochure "Knowing Your Rights; Understanding and Reporting Malicious Harassment/Bias Crimes" by selecting this link: Knowing Your Rights;
- the FBI's "Hate Crime--Overview" page at www.fbi.gov/about-us/investigate/civilrights/hate_crimes/overview explains the role(s) that federal law enforcement may take in malicious harassment/hate crime investigation and prosecution
- The National Crime Prevention Council (NCPC) offers a great overview of information and resources--link to their webpage here: www.ncpc.org/topics/hate-crimehttp://www.ncpc.org/topics/hate-crime.