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Which victim characteristics can make a crime a hate crime under U.S. law?

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Under U.S. law, a crime can be classified as a hate crime if it is motivated by bias against certain victim characteristics. These characteristics are considered integral to the victim's social identity.

Victim characteristics that can make a crime a hate crime include:

  • Race
  • Ethnicity
  • Religion
  • National origin
  • Gender
  • Gender identity
  • Sexual orientation
  • Mental disability
  • Physical disability

The federal hate-crimes statute was expanded in 2009 to include violent crimes motivated by disability, gender, gender identity, and sexual orientation. While some state laws are broader, the federal law initially focused on color, race, religion, or national origin.1