If not intentially a minority and I get into a fight and I did not know they were gay, palestinian, jewish, or whatever. Can I still be charged with a hate crime? Or does one have to know first?
If not intentially a minority and I get into a fight and I did not know they were gay, palestinian, jewish, or whatever. Can I still be charged with a hate crime? Or does one have to know first?
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A hate crime is specifically crime that was motivated by hate for that group. Getting into a fight about something unrelated to that isn't a hate crime, whether or not you knew they were a member of that group ahead of time.
Not nitpick but first of all great answer. no sarcasm. But if I go into a known nazi/skinhead bar and start fighting them because they are Nazi's is that a hate crime? Even though their whole thing is hate, we fought a war against them, and are generally despised?
Generally speaking, hate crimes are only applicable to crimes motivated by a hatred for an immutable trait. Social or political ideology isn't immutable, so it wouldn't be protected.
I thought being religiously motivated also would qualify as a hate crime? Or is the implication that one's religion is also immutable?
That's a good point; I had overlooked that as a category. That said, it is sort of the odd one out in terms of "immutable traits" (notwithstanding Jews specifically, at least when referring to ethnicity rather than religion).