Hate Crimes
Hate crimes are crimes that are motivated by prejudice or bias and are usually violent. People who commit hate crime do so to create fear and cause emotional and physical harm to the victim. In addition to dealing with physical injuries or harm to property, victims of hate crime may need counseling or other support because of this traumatic event.
If you are a victim of a hate crime, you may feel scared and worried that you will be the target of a hate crime again. You may feel depressed, anxious, or unsafe. You may lose trust in anyone who is similar to the person or group who attacked you. You may be angry about the part of yourself that was the target of the hate crime. Please know that there are crisis hotlines and resources that can help you.
What is a hate crime?
When someone commits a crime against a person because of that person’s real or perceived race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation, that crime is a hate crime.
“Real or perceived” means that the victim of the crime does not have to be the race, gender, sexual orientation, etc. that the person who commits the crime thinks they are.
To be a hate crime, the crime must be motivated by bias or prejudice. For example, the person who commits the crime may use certain words or phrases (like name calling or religious slurs) that show their bias motivation.
Under the law, not all crimes that are motivated by hate are considered hate crimes. You can find a list of hate crimes on the NYS website.
What is a bias incident?
A bias incident is a verbal, physical, or visual act that is offensive. Examples include:
- name calling
- religious slurs
- racist, sexist, ageist, or ableist comments
- offensive graffiti
- remarks on social media
- being shunned, ignored, or avoided
Like hate crimes, bias incidents are acts against another person because of that person’s real or perceived race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation. But a bias incident may not be a crime.
All hate crimes are bias incidents, but not all bias incidents are hate crimes.
What laws protect victims of hate crimes?
Victims of hate crimes are protected under the New York Hate Crimes Act and the New York State Human Rights Law.
Race, color, national origin, ancestry, gender, religion, religious practice, age, disability, and sexual orientation are all protected in New York State.
Victims of hate crimes are also protected under the federal law. Race, color, religion, and national origin are protected under federal law.
What can I do if I experience a bias incident or hate crime?
You have the right to report the incident or crime to the police. Call 9-1-1 if you need emergency help.
Here are other places you can report the crime:
- Division of Human Rights or call 1-844-NO2-HATE (1-844-662-4283).
- Email the NY Attorney General’s Office at civil.rights@ag.ny.gov or call 1-800-771-7755
- Contact a local FBI field office.
Be safe. Here is a safety plan that any victim of a hate crime can use.
Gather information about the crime or incident as soon as you can. This can include:
- Details about your attacker’s physical appearance and clothes.
- Photos, videos, and documents that show that the attacker had a belief or perception about your race, color, national origin, ancestry, gender, sexual orientation, etc.
- Physical injuries and property damage.
- Information that shows the attack was done on purpose.
- Witness or bystander contact information.
If you don’t want to call the police, you can report what happened to these organizations. They can also connect you to people who can help:
- Anti-Violence Project or call 1-212-714-1141
- Stop AAPI Hate
File a NYS Division of Human Rights complaint or call 1-888-392-3644 if you have experienced a bias incident in areas such as employment, education, credit, purchasing or renting a home or a public accommodation.
Find a Victim Assistance Program near you. Advocates can help you with things such as your safety and applying for Victim Compensation.
Can the police ask me about my immigration status when I report a hate crime?
Under NYS Law, the police cannot ask about immigration status when you call or go to the police for help or to report a crime. The police cannot detain you based on your immigration status unless they suspect you of a crime.
For more information about your rights as an immigrant, please go to the Know Your Rights – Immigrants’ Rights section of the ACLU website.
For more information about hate crimes, please see: