Hate Crimes: State Statutes and Contacts: South Carolina - Utah

This guide is meant to summarize state statutes relating to hate crimes.  In addition to the state statutes listed, there are relevant federal statutes:

•  Violent Crime Control and Law Enforcement Act of 1994, H.R. 3355, Pub.L. 103–322, Sec. 280003 108 Stat. 1796, 2096 provides for enhanced sentencing for hate crimes, defined as "a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person." 
•  Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA), 18 USC § 249
• For more on federal statutes, see Congressional Research Service Report R47060, Overview of Federal Hate Crime Laws    

The Southern Poverty Law Center has a reporting form for hate incidents.

The National Asian Pacific American Bar Association has resources including a reporting form for hate incidents and hate crimes toolkits in 25 languages.

Alison M. Smith and Cassandra L. Foley, State Statutes Governing Hate Crimes, Congressional Research Service Report RL33099 (Sept. 28, 2010) served as an invaluable resource for this guide.  

For UCLA Law users, Westlaw has a treatise on Hate Crimes Law by Zachary J. Wolfe  (login and password required).

State specific information from the federal Department of Justice (hate crimes home page).

The Movement Advancement Project maintains a list of which state hate crimes statutes include sexual orientation and gender identity.

Hate crimes laws:

• S.C.  Code Ann. § 16-5-10: felony to conspire to deprive a person of civil rights
• S.C.  Code Ann. § 16-7-120:  crime of cross burning
• S.C.  Code Ann. § 16-11-535: crime of injuring a place of worship
• S.C.  Code Ann. § 16-11-110: arson, including against a place of worship

Where to report hate crimes, in addition to local police:
FBI Field Office
FBI Columbia
151 Westpark Boulevard
Columbia, SC 29210-3857
Phone: (803) 551-4200

State Attorney General’s Office
Office of the Attorney General
Rembert Dennis Building
1000 Assembly Street, Room 519
Columbia, S.C. 29201
Phone: 1-803-734-3970
Victim Assistance Program Phone: 1-800-213-5652
 

Hate crimes laws:

• S.D. Codified Laws § 22-19B-1: crime to "intimidate or harass any person or specific group of persons because of that person's or group of persons' race, ethnicity, religion, ancestry, or national origin", including causing physical or property damage or credibly threatening to do the same
• S.D. Codified Laws § 22-19B-2: defacing property "includes cross-burnings or the placing of any word or symbol commonly associated with racial, religious, or ethnic terrorism on the property of another person without that person's permission."

Where to report hate crimes, in addition to local police:
FBI Field Office
FBI Minneapolis (Serves South Dakota)
1501 Freeway Boulevard
Brooklyn Center, MN 55430
Phone: (763) 569-8000

State Attorney General’s Office
Office of the Attorney General
1302 E Hwy 14, Suite 1
Pierre, SD 57501-8501
Phone: (605) 773-3215
Phone (TTY): (605) 773-6585

Hate crimes laws:

• Tenn. Code Ann. § 39-14-301: arson, including against a place of worship
• Tenn. Code Ann. § 39-17-309: crime of interference with civil rights
• Tenn. Code Ann. § 39-17-311: crime of descration, including places of worship
• Tenn. Code Ann. § 40-35-114(17): enhanced penalties if "The defendant intentionally selected the person against whom the crime was committed or selected the property that was damaged or otherwise affected by the crime, in whole or in part, because of the defendant's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin, ancestry or gender of that person or the owner or occupant of that property"

Where to report hate crimes, in addition to local police:
FBI Field Offices
FBI Knoxville
1501 Dowell Springs Boulevard
Knoxville, TN 37909
Phone: (865) 544-0751

FBI Memphis
Eagle Crest Bldg.
225 North Humphreys Boulevard
Suite 3000
Memphis, TN 38120
Phone: (901) 747-4300

State Attorney General’s Office
Office of the Attorney General and Reporter
P.O. Box 20207
Nashville, TN 37202-0207
Phone: (615) 741-3491

Hate crimes laws:

• Tex. Code Crim. Proc. Ann. art. 42.014: defendant may have to attend an "educational program to further tolerance and acceptance of others" if "the defendant intentionally selected the person against whom the offense was committed or intentionally selected property damaged or affected as a result of the offense because of the defendant's bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference"
• Tex. Penal Code Ann. § 12.47: enhanced penalty where there is a finding of bias under Tex. Code Crim. Proc. Ann. art. 42.014
• Tex. Penal Code Ann. § 28.04: crime of injury against a disabled person
• Tex. Penal Code Ann. § 28.08: graffiti, including against a place of worship
• Tex. Gov. Code Ann. § 411.046: Requires collection of data on hate crimes

Where to report hate crimes, in addition to local police:
FBI Field Offices
FBI Dallas
One Justice Way
Dallas, TX 75220
Phone: (972) 559-5000

FBI El Paso
El Paso Federal Justice Center
660 South Mesa Hills Drive
El Paso, TX 79912
Phone: (915) 832-5000

FBI Houston
1 Justice Park Drive
Houston, TX 77092
Mail: P.O. Box 926277
Houston, TX 77292-6277
Phone: (713) 693-5000

FBI San Antonio
5740 University Heights Blvd.
San Antonio, TX 78249
Phone: (210) 225-6741

State Attorney General’s Office
Office of the Attorney General
300 W. 15th Street
Austin, TX 78701
Main Agency Switchboard:(512) 463-2100
Public Information & Assistance (800) 252-8011 or (512) 475-4413 (in Austin)
 

Hate crimes laws:

• Utah Code Ann. § 53-10-202: Requires collection of data on hate crimes
• Utah Code Ann. § 76-3-203.3: enhanced penalties for hate crimes
• Utah Code Ann. § 76-3-203.4: hate crime as an aggravating factor
• Utah Code Ann. § 76-3-203.14: enhanced penalties for targeting a crime victim based on a number of "personal attribute[s]"
• Utah Code Ann. § 76-6-103: aggravated arson includes habitable structures
• Utah Code Ann. § 76-6-101: definition of habitable structure, including "any building...used for...assembling persons

Where to report hate crimes, in addition to local police:
FBI Field Office
FBI Salt Lake City
5425 West Amelia Earhart Drive
Salt Lake City, UT 84116
Phone: (801) 579-1400

State Attorney General’s Office
Office of the Attorney General
Utah State Capitol Complex
350 North State Street Suite 230
Salt Lake City, UT 84114-2320

General Office Numbers:
(801) 366-0260
(801) 538-9600
(801) 366-0300
(800) AG4 INFO (244-4636)