Can the destruction of property alone constitute a hate crime?

[zachw7]

New York, but it is on the federal level.

In this scenario, take the case where a large wooden sign that says “Black Lives Matter” with a depiction of the upward-facing “Black Lives Matter” fist is set on fire, intentionally. Assuming that the act of arson involved “actual or perceived race, color, religion, or national origin” (as is the language used in 18 USC § 249), would the crime constitute a hate crime (in any federal statute, it doesn’t just have to be the one stated, if applicable).

Thanks so much!!

 

[quincy]

New York, but it is on the federal level.

In this scenario, take the case where a large wooden sign that says “Black Lives Matter” with a depiction of the upward-facing “Black Lives Matter” fist is set on fire, intentionally. Assuming that the act of arson involved “actual or perceived race, color, religion, or national origin” (as is the language used in 18 USC § 249), would the crime constitute a hate crime (in any federal statute, it doesn’t just have to be the one stated, if applicable).

Thanks so much!!

Where is the sign located?

 

[zachw7]

Where is the sign located?

The sign is located on a tree (private property) facing the road where many people pass by

 

[quincy]

Thanks for answering my question.

Here is a link to New York’s hate crime law (and all that can be considered a hate crime): http://ypdcrime.com/penal.law/article485.htm

 

[zachw7]

Thanks for answering my question.

Here is a link to New York’s hate crime law (and all that can be considered a hate crime): http://ypdcrime.com/penal.law/article485.htm

Thanks! I really appreciate you answering so quickly!

 

[quincy]

Here is another link to the Department of Justice (DOJ) on hate crimes (I just noticed you asked about federal laws):

https://www.justice.gov/hatecrimes/laws-and-policies

Thanks for the thanks, zachw7.

 

[zachw7]

Here is another link to the Department of Justice (DOJ) on hate crimes (I just noticed you asked about federal laws):

https://www.justice.gov/hatecrimes/laws-and-policies

Thanks for the thanks, zachw7.

I just started on this website and already from your responses, it has been really helpful and informative, so I thank you very much for that

 

[quincy]

That’s really nice to hear, zachw7. We aim to please.

 

[HighwayMan]

I was going to post that it's not arson in New York since arson only applies to buildings and motor vehicles.

Then I went ahead and looked it up (to make sure I correctly remembered my law lessons from 21 years ago) and apparently a statute was added recently (Arson, 5th degree, PL 150.01) which applies to any property. But it's only a class "A" misdemeanor".

Good thing I checked or I would have made a fool of myself. Again.

 

[quincy]

The arson as described (burning the Black Lives Matter sign posted on someone else’s property) could be charged as arson in the fifth degree - a Class A misdemeanor.

But, if also charged as a hate crime, this Class A misdemeanor is elevated to one category higher than the specified offense, making Arson in the Fifth Degree (a Class A misdemeanor), Arson in the Fourth Degree (a Class E felony).