California Hate Crime Penal Codes

California Penal Code, Section 13023, defines hate crimes as "any criminal acts or attempted criminal acts to cause physical injury, emotional suffering, or property damages where there is a reasonable cause to believe that the crime was motivated, in whole or in part, by the victim's race, ethnicity, religion, gender, sexual orientation, or physical or mental disability."

Penal Code Section 136.2: Provides protection against further harm to, intimidation of, or dissuasion of hate crimes victims and witnesses by the accused perpetrator and are available through the district attorney or city attorney who is prosecuting the hate crime.

Penal Code Section 139: Creates a felony when someone already convicted of a felony communicates to witnesses, victims, informants or their immediate families a credible threat to use force or violence. (Penalty: One year in jail, or two to four years in prison.)

Penal Code Section 140: Creates a misdemeanor when someone communicates to witnesses, victims, informants or their immediate families a credible threat to use force or violence but does not require that the perpetrator already be convicted of a related crime. (Penalty: One year in jail, or two to four years in prison)

Penal Code Section 190.3: Special circumstances imposing Life Without Possibility of Parole if the victim was intentionally killed because of sexual orientation, gender or disability.

Penal Code Section 422.6(a): Provides it is a misdemeanor to interfere by force or threat of force with a person's state or federal statutory or constitutional rights because of his or her race, color, religion, ancestry, national origin, disability, gender or sexual orientation or because the victim is perceived to have one or more of these characteristics. (Penalty: Up to one year in jail, or $5,000, or both)

Penal Code Section 422.6(b): Provides it is a misdemeanor to damage a person's property because of his or her race, color, religion, ancestry, national origin, disability, gender or sexual orientation or because it is perceived that he or she has one or more of the above characteristics. (Penalty: Up to one year in jail, or $5,000, or both, and the court shall order the defendant to perform a minimum of community service not to exceed 400 hours, to be performed over a period of not to exceed 350 days, during a time other than his or her hours of employment or school attendance.)

Penal Code Section 422.7: Provides that actions which are normally misdemeanors can become felonies if committed because of bigotry based on race, color, religion, ancestry, national origin, disability, gender or sexual orientation, or because the victim is perceived to have one or more of the above characteristics (with the exception of a person punished under Section 422.6.) (Penalty: Up to one year in jail or prison, and/or a $10,000 fine)

Penal Code Section 422.75: Provides for sentencing enhancements of one to three years for certain bias-motivated felonies against the aforementioned groups, or against persons perceived to belong to one or more of the aforementioned groups; for heightened penalties of two to four years if the felony hate crime was committed in concert with another; adds a year if the defendant had a prior hate crime conviction; provides that use of firearm can be aggravating factor; and provides that persons who commit or attempt to commit felonies against the property owned or rented by a public agency or private institution or the grounds adjacent thereto because the property is identified or associated with a member of or one of the aforementioned groups can be subject to a one to three year sentencing enhancement.

Penal Code Section 422.76 defines gender for purposes of various hate crime statutes to mean the victim's actual sex or the defendant's perception of the victim's sex and includes the defendant's perception of the victim's identity, appearance, or behavior, whether or not that identity, appearance or behavior is different from that traditionally associated with the victim's sex at birth.

Penal Code Section 422.9(a): Provides it is a misdemeanor punishable by up to six months in jail or $1000 or both to violate an order issued pursuant to Civil Code Section 52.1(a) or (b).

Penal Code Section 422.9(b): Provides up to one year in jail for a person previously convicted of violating an order issued pursuant to Civil Code Section 52.1 (a) or (b) who is brought and tried upon separate charges.

Penal Code Section 422.95 (a) and (b): Provides that if a person is granted probation for any Penal Code Section 422.6, 422.7, 422.75, 594.3 or 11411 offense, the court may order the defendant to complete a class or program on racial or ethnic sensitivity or other similar training in civil rights if such class or program is available as a condition of probation; to make payments or other compensation to a community-based program or local agency that provides services to victims of hate violence; and to reimburse the victim for reasonable costs of counseling and other expenses. Any payments or compensation are in addition to restitution payments required under Penal Code Section 1203.04.

Penal Code Section 422.95(c): States that it is the intent of the Legislature to encourage counties, cities, and school districts to establish education and training programs to prevent violations of civil rights and hate crimes.

California Street Terrorism Enforcement and Prevention Act

Penal Code Section 186.21: Legislature finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, gender, age, sexual orientation, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals.