Hate Crime Statistics

Hate Crimes

 

RIT is committed to protecting the rights of University community members regardless of race, ethnicity, gender, religion, sexual orientation or disability. Incidents of harassment or assault will be responded to with seriousness and sensitivity.

 

University policies direct faculty, staff and students to treat all people with dignity and respect. New York State law also contains special provisions for acts of criminal misconduct "...that manifest evidence of prejudice based on race, religion, sexual orientation or ethnicity..."

 

Hate crime statistics for 2020, 2021 and 2022

Hate Crime Stats
 

Hate Crimes Act of 2000


NYS Penal Law, § 485.00 Legislative findings
The legislature finds and determines as follows: criminal acts involving violence, intimidation and destruction of property based upon bias and prejudice have become more prevalent in New York state in recent years. The intolerable truth is that in these crimes, commonly and justly referred to as “hate crimes”, victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. Hate crimes do more than threaten the safety and welfare of all citizens. They inflict on victims incalculable physical and emotional damage and tear at the very fabric of free society. Crimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs. Hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes. In a democratic society, citizens cannot be required to approve of the beliefs and practices of others, but must never commit criminal acts on account of them.

Current law does not adequately recognize the harm to public order and individual safety that hate crimes cause. Therefore, our laws must be strengthened to provide clear recognition of the gravity of hate crimes and the compelling importance of preventing their recurrence.

Accordingly, the legislature finds and declares that hate crimes should be prosecuted and punished with appropriate severity.

NYS Penal Law, § 485.10 Sentencing

  1. When a person is convicted of a hate crime pursuant to this article, and the specified offense is a violent felony offense, as defined in section 70.02 of this chapter, the hate crime shall be deemed a violent felony offense.
  2. When a person is convicted of a hate crime pursuant to this article and the specified offense is a misdemeanor or a class C, D or E felony, the hate crime shall be deemed to be one category higher than the specified offense the defendant committed, or one category higher than the offense level applicable to the defendant’s conviction for an attempt or conspiracy to commit a specified offense, whichever is applicable.
  3. Not withstanding any other provision of law, when a person is convicted of a hate crime pursuant to this article and the specified offense is a class B felony:
    • the maximum term of the indeterminate sentence must be at least six years if the defendant is sentenced pursuant to section 70.00 of this chapter;
    • the term of the determinate sentence must be at least eight years if the defendant is sentenced pursuant to section 70.02 of this chapter;
    • the term of the determinate sentence must be at least twelve years if the defendant is sentenced pursuant to section 70.04 of this chapter;
    • the maximum term of the indeterminate sentence must be at least four years if the defendant is sentenced pursuant to section 70.05 of this chapter; and
    • the maximum term of the indeterminate sentence or the term of the determinate sentence must be at least ten years if the defendant is sentenced pursuant to section 70.06 of this chapter.
  1. Notwithstanding any other provision of law, when a person is convicted of a hate crime pursuant to this article and the specified offense is a class A-1 felony, the minimum period of the indeterminate sentence shall be not less than twenty years.
  2. In addition to any of the dispositions authorized by this chapter, the court shat require as part of the sentence imposed upon a person convicted of a hate crime pursuant to this article, that the defendant complete a program, training session or counseling session directed at hate crime prevention and education, where the court determines such program, training session or counseling session is appropriate, available and was developed or authorized by the court or local agencies in cooperation with organizations serving affected community.

 

Bias Crimes


New York law has special provisions for crimes that are committed or attempted because of a victim’s race, gender, national origin, disability, sexual orientation, or religion. More specifically, Section 485 of the New York Penal Law provides that:

Under the law a person commits a hate crime when he or she commits a specified offense and either:

  1. intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or
  2. intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.

The law defines a “specified offense” to include many crimes defined under the Penal Law, including but not limited to murder, rape, sexual assaults, menacing and reckless endangerment. Attempt or conspiracy to commit these offenses may also constitute a hate crime. In general, classification as a hate crime increases the possible sentence that would be imposed on the specified offense if it did not otherwise meet the definition of a hate crime.

For the full text of the statute, which defines special offenses and provides sentencing information, see Section 485 of the New York State Penal Law.