Many people face the harsh reality of being targeted not for their actions but simply for who they are. Hate crimes, as outlined in the Texas Penal Code, go beyond regular crimes. Hate crimes target a person’s identity. According to the Federal Bureau of Investigations’ Crime Data Explorer, Texas law enforcement reported over 9,000 hate crimes from 1991 to 2022, with more than 500 in 2022 alone. The number of hate crimes in Texas increased by about 120% in 2018 and has continued to rise. So, what defines a hate crime in Texas, and how does the law respond to these personal attacks?
Defendants in hate crime cases need to differentiate hate crimes from other offenses, as the penalties are harsher if hate motives are involved. If you are facing hate crime charges in Texas, you should have a criminal lawyer who understands the criminal justice system and can effectively defend against these serious allegations.
Hate Crimes in Texas
Chapter 411.046 of the Texas Hate Crimes Act describes hate crimes as illegal acts motivated by “prejudice, hatred, or advocacy of violence.” In Texas, a crime becomes a hate crime if the person commits it because of their bias against the victim’s actual or assumed race, religion, color, gender, disability, sexual orientation, age, or national origin. This law also protects victims like police officers and judges. To charge someone, the prosecutor must show that prejudice, hatred, or support for violence motivated their actions.
For example, a person was captured on a surveillance camera vandalizing a Jewish temple. This footage shows them smashing windows to gain access and cause more damage. Breaking into a building and vandalism are crimes in Texas. However, since the vandalism included hateful messages against Judaism, the defendant will be charged with committing a hate crime.
Another example of a hate crime could happen when a transgender person goes to a gay pride parade. On their way home, they run into a group of young adults who start shouting hateful words and threats because of their identity. The person tries to ignore them and keeps walking. Unfortunately, things become worse, and the crowd attacks them, leading to injuries that seek medical attention. This attack is driven by bias against transgender people, making it a hate crime.
Other examples of underlying crimes that can be classified as hate crimes include:
- Verbal assault.
- Aggravated assault.
- Physical assault.
- Harassment.
- Intimidation.
Unlike other violent crimes, offenders commit hate crimes against strangers. In 2001, Texas lawmakers took a firm stance against racial discrimination after the brutal murder of James Byrd, Jr., in 1998 by three men, two of whom were avowed white supremacists. James Byrd Jr., an African American man, was kidnapped, brutally beaten, and dragged to death by John William King, Lawrence Russell Brewer, and Shawn Berry.
In reaction to this tragedy, former state senator and current Harris County Commissioner Rodney Ellis advocated for stricter penalties for those convicted of hate crimes. That means that individuals found guilty of hate crimes will receive longer prison sentences compared to those guilty of similar offenses.
While it might seem easy to classify an action as a hate crime, it is often more complicated. A ProPublica analysis from 2010 to 2015 identified 981 potential hate crime cases, but only five, or 0.5 percent, resulted in hate crime convictions. The challenge lies in proving the perpetrator’s intent. Simply showing that the actions or words were discriminatory is usually insufficient for a hate crime conviction.
Common Victim Groups in Texas Hate Crime Cases
Most hate crime victims belong to minority groups, though this is not always the case. Individuals who hold biased views against these groups could perpetrate these attacks. A historical example is the bombing of African-American churches by the Ku Klux Klan and white supremacists during the 1960s civil rights movement.
Some groups that often face hate crimes include:
- Latino, Black, or Asian individuals.
- Homeless individuals.
- LGBTQ individuals or those perceived as such.
- The elderly.
- People with physical or mental disabilities.
- Immigrants.
These are not the only groups affected by hate crimes. Anyone can be a victim if targeted due to their race, ethnicity, economic status, sexual orientation, age, or gender identity. However, the groups mentioned are among the most frequently targeted.
Challenges of Proving Bias in a Texas Hate Crimes Case
Despite the laws surrounding hate crimes, Texas has very few hate crime convictions. The small number of convictions could be because the prosecution must show clear evidence that the crime happened due to hate. Unlike most crimes, which only need proof that the crime happened, hate crimes require proof of the person’s intent, which can be challenging to prove.
Not every crime against someone in a protected group is a hate crime. It only qualifies as such if the crime was motivated by the victim’s actual or perceived identity in that group. For example, if two teenagers vandalize a store owned by a Muslim and there is no proof that the crime was related to the owner’s religion, it will not be treated as a hate crime. However, if the teens targeted the store specifically because a Muslim owned it, the prosecutor might pursue hate crime charges.
To secure a hate crime conviction, the prosecutor must convince the jury beyond a reasonable doubt that the crime was motivated by the victim’s race, color, religion, or other protected characteristics. Demonstrating that the defendant had hate crime intent can be challenging. Evidence that could be relevant includes:
- The use of racial or ethnic slurs during the crime.
- The defendant’s involvement in extremist groups, or
- The defendant’s posts and writings on social media.
Without clear evidence of this bias, it can be challenging for a prosecutor to prove that it existed and led to the crime, mainly when relying on circumstantial evidence. Circumstantial evidence in hate crimes refers to proof that hints at a defendant’s racial motives without being direct proof. These can involve remarks, actions, or signs that show prejudice.
Examples of circumstantial evidence in hate crimes include:
- The defendant and victim belong to different races, ethnicities, or national origins.
- The defendant left graffiti or symbols at the scene of the crime, such as anti-Muslim graffiti on a mosque or swastikas on Jewish places of worship.
- Witnesses heard the defendant make racist remarks towards the victim.
- The victim received racist messages from the defendant before the crime.
- The offender showed clear signs of prejudice, like tattoos linked to hate groups.
Prosecutors may choose not to pursue hate crime charges if the evidence of bias is weak. Additionally, some criminal cases can be complex to handle. For example, if someone does anti-Semitic graffiti at night, it can be challenging to find the people responsible. Most criminal cases end with plea deals, often involving lesser charges than the defendant would have initially faced. These challenges reduce the chances of someone being charged and convicted for a hate crime.
Hate crime laws that focus on general prejudice (where the offender acts out of hatred for the victim’s nationality, race or gender identity) create more difficulties for prosecutors. The time and money needed to pursue a hate crime charge can be a significant barrier.
The “James Byrd Jr. Hate Crimes Act,” officially known as Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, also has limitations in that it increases penalties for underlying crimes by adding a “hate crime” element, meaning it may not significantly impact the sentencing of already serious offenses with lengthy potential sentences.
Other reasons why Texas hate crimes result in fewer convictions could be:
- Prosecutors often do not seem eager to pursue hate crime enhancements. They may believe it is better to pursue long sentences without including hate crime charges.
- Police also lack the necessary training to build strong hate crime cases effectively.
- In serious cases, like rape or murder, the hate crime aspect is often removed since there is no extra punishment for it.
If you are facing hate crime charges in Texas, there is a good chance the court could drop the enhancement. However, you should not assume you will escape a hate crime conviction.
The Consequences of a Hate Crime Conviction in Texas
Those accused of hate crimes in Texas can face harsh penalties, but this applies only to specific offenses. According to Code of Criminal Procedure Article 42.014, if an offender commits a crime such as arson, assault, graffiti, or criminal mischief with bias against a group based on color, religion, race, disability, sexual preference, age, gender, national origin, or if the victim is a peace officer or judge, the court has to make an affirmative finding.
An affirmative finding is the determination of a fact by a court, such as guilt of a criminal offense. This finding raises the punishment by one level, except for Class A misdemeanors, which have a minimum punishment enhancement. It also does not include first-degree felonies.
If the court charges an act as a hate crime, the penalties are usually higher according to Texas Penal Code 12.47, which defines punishments for hate crimes. For example, if a Class C misdemeanor for criminal mischief is proven to be motivated by hatred towards the victim’s identity, it would be raised to a Class B misdemeanor. There are certain exceptions:
- The court will not raise a Class A misdemeanor to a felony, but the minimum jail time will increase to 180 days.
- Also, the court cannot increase a first-degree felony since it already has a maximum penalty of life in prison.
When Do Texas Crimes Become Federal Hate Crimes?
Most hate crimes are handled in state courts. However, federal prosecutors could take on Texas hate crimes if they affect foreign or interstate commerce or occur in federal areas. The federal government often prosecutes hate crime cases that attract significant public attention. There is often strong political pressure to ensure that defendants face serious consequences when local authorities do not impose harsh penalties in high-profile cases.
A notable federal hate crime case in Texas is that of James Byrd Jr., which led to changes in hate crime laws.
James Byrd Junior’s murder was primarily prosecuted at the state level, resulting in the death sentences for Lawrence Russell and John William under Texas laws. However, the federal government also took action against the two. A grand jury charged John William King with violating James Byrd Junior’s civil rights. This horrific case caused widespread outrage and contributed to the creation of hate crime laws at both the federal and state levels, including in Texas.
To establish that a hate crime occurred, prosecutors need to show that the actions happened due to bias. While a defendant’s past behavior and statements may indicate a pattern of bias or hostility toward a specific group, complicated federal evidence rules can complicate the prosecution’s ability to present this evidence effectively.
Federal Rule 404, Section A states that the court cannot use evidence of a person’s character or traits and cannot show that they acted in a certain way on a specific occasion. This law means that if a defendant has made negative comments about a group or acted out of hatred in the past, those actions may not be allowed as evidence to show their mindset during the alleged hate crime.
However, federal law has some contradictions. It allows for using a defendant’s previous statements and actions as evidence if they can demonstrate that the crime was due to hatred towards a specific group. According to Rule 404, Section C, prosecutors can use past behavior to establish factors related to the crime, such as:
- Bias or prejudice motivation. If someone targets another person because of their race, religion, or sexual orientation, it may indicate a hate crime.
- Use of hate symbols or language. The presence of hate symbols or slurs during the crime can show that bias motivated the act.
- A pattern of similar incidents. If the crime is part of a series of similar acts targeting specific groups, the court may classify it as a hate crime.
- Impact on the victim’s community. Hate crimes can create fear and vulnerability in the victim’s community, affecting those who share their identity.
Defense Strategies Against Hate Crime Charges
To effectively counter hate crime charges, you should seek legal help from a skilled criminal defense attorney who can gather and evaluate the necessary evidence to challenge the case.
Common defense strategies in hate crime trials include:
- Mistaken identity.
- The defendant’s true motivation was not bias.
- Lack of sufficient evidence from prosecutors.
- The defendant did not commit the alleged crime.
- Violations of the defendant’s constitutional rights by law enforcement.
- False accusations against the defendant.
- Unreliable prosecution witnesses.
Consequences of a Hate Crime Conviction
Being convicted of a hate crime can have lasting effects even after you have completed your sentence and paid any fines. These effects, known as collateral consequences, can significantly impact your life, such as:
- Losing your job, including being fired or demoted in the military.
- Being ineligible for certain government loans and benefits.
- Losing the right to possess a firearm.
- Losing your voting rights.
- Losing security clearances.
- Losing custody of your children.
- Possible civil asset forfeiture.
- Being barred from holding public office or serving on a jury.
Is there a Difference Between Hate Crimes and Hate Speech?
While hate speech can be very offensive, it is not against the law. The First Amendment allows Americans to express their opinions as long as it does not lead to violence. However, when the speech incites violence or criminal actions, it could lead to hate crime charges.
The Supreme Court’s decision in Snyder v. Phelps highlighted the importance of free speech, even if it is hurtful.
This right to express oneself can sometimes lead to confusion about the difference between free speech and hate crimes. This right can lead to misunderstandings about the line between free speech and hate crimes. While the distinction may seem unclear, offensive or hateful words are still considered speech and are legal under the law. On the other hand, hate crimes are criminal acts driven mainly by the victim’s perceived or real identity.
How Frequent Are Hate Crimes in Texas?
Hate crimes happen often in Texas, even if people do not always report them. The United States Department of Justice shared the following statistics for hate crimes in Texas in 2023:
- 64.2% were hate crimes perpetrated against individuals.
- 32.4% were hate crimes perpetrated against property.
- 1.4% were hate crimes committed against society.
The reasons behind these crimes include:
- Race/Ancestry/Ethnicity – 55.1%.
- Sexual Orientation – 22.6%.
- Religion – 14.6%.
- Gender – 1.3%.
- Disability – 2.5%.
- Gender Identity – 3.8%.
Find a Hate Crime Defense Attorney Near Me
If law enforcement has charged you with a hate crime in Texas, you should contact a skilled defense attorney who can help you build a strong defense to present before the court. A conviction can result in imprisonment, costly fines, and social problems that might affect your life long after your sentence.
Andrew Deegan Criminal Attorney at Law has successfully represented many clients in criminal cases. If you are facing hate crime charges in Fort Worth, Texas, we are available to help you. Call us today at 817-689-7002 to schedule your appointment with one of our attorneys.
