Hate Crimes: State Statutes and Contacts: Georgia - Indiana

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:

• Ga. Code Ann. § 16-7-26: crime of vandalism against places of worship
• Ga. Code Ann. § 16-11-37: crime of terroristic acts includes using "a burning or flaming cross or other burning or flaming symbol or flambeau with the intent to terrorize another or another's household"
• Ga. Code Ann. § 17-10-17: enhanced penalties "if the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or group of victims or any property as the object of the offense because of such victim's or group of victims' actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability”
• Ga. Code Ann. § 17-4-20.2: requires law enforcement officers to prepare and submit a "Bias Crime Report" if "It appears that the defendant intentionally selected any victim or group of victims or any property as the object of the offense because of such victim's or group of victims' actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability, whether or not an arrest is made”

Where to report hate crimes, in addition to local police:
FBI Field Office
FBI Atlanta
2635 Century Parkway N.E.,
Suite 400
Atlanta, GA 30345
Phone: (404) 679-9000

State Attorney General’s Office
Office of the Attorney General
40 Capitol Square, SW
Atlanta, Ga 30334
Phone: (404) 656-3300

Hate crimes laws:

• Haw. Rev. Stat. Ann. § 706-662: enhanced penalties, including for hate crimes
• Haw. Rev. Stat. Ann. § 711-1107: crime to to desecrate venerated objects, including places of worship.
• Haw. Rev. Stat. Ann. § 846-51: definitions related to hate crimes, including that a hate crime is "any criminal act in which the perpetrator intentionally selected a victim, or in the case of a property crime, the property that was the object of a crime, because of hostility toward the actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation of any person"
• Haw. Rev. Stat. Ann. §§ 846-51, 846-52, 846-53, 846-54: Requires collection of data on hate crimes

Where to report hate crimes, in addition to local police:
FBI Field Office
FBI Honolulu
91-1300 Enterprise Street
Kapolei, HI 96707
Phone: (808) 566-4300

State Attorney General’s Office
Office of the Attorney General
425 Queen Street
Honolulu, HI 96813 (Map)
Phone: (808) 586-1500
 

Hate crimes laws:

• Idaho Code Ann. § 18-7901: Statement of purpose about malicious harassment
• Idaho Code Ann. § 18-7902: criminal act of malicious harassment includes injuring a person or property or credibly threatening to do the same "maliciously and with the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry, or national origin"
• daho Code Ann. § 18-7903: Penalties for malicious harassment
• Idaho Code Ann. § 67-2915: Requires state police to collect data on hate crimes

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

State Attorney General’s Office
Office of the Attorney General
State of Idaho
Office of the Attorney General
700 W. Jefferson Street, Suite 210
P.O. Box 83720
Boise, Idaho 83720-0010
Phone: (208) 334-2400
 

Hate crimes laws:

• 720 Ill. Comp. Laws Ann. 5/12-7.1: hate crime if certain crimes are committed "by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals"  also includes the crime of desecrating a place of worship
• 730 Ill. Comp. Laws Ann. 5/5-5-3.2: aggrivating factor if a crime is committed " by reason of another individual's actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin," against a person with a physical disability, against a person over 60 years of age, or on the grounds of a place of worship
• 720 Ill. Comp. Laws Ann. 5/12-7.6: crime of cross burning
• 720 Ill. Comp. Laws Ann. 5/21-1.2: felony of institutional vandalism, which is damage to places of worship, cemeteries, and schools and community centers "when, [motivated] by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals"
• 20 Ill. Comp. Laws Ann. 2605/2605-390: Requires training for law enforcement officers about hate crimes
• 20 Ill. Comp. Laws Ann. Act 4070: Commission on Discrimination and Hate Crimes Act

Where to report hate crimes, in addition to local police:
FBI Field Offices
FBI Chicago
2111 W. Roosevelt Road
Chicago, IL 60608
Phone: (312) 421-6700

FBI Springfield
900 East Linton Avenue
Springfield, IL 62703
Phone: (217) 522-9675

State Attorney General’s Offices
Office of the Attorney General
Crime Victim Services Division
Office of the Attorney General
100 West Randolph Street, 13th Floor
Chicago, IL 60601
Phone: 312-814-2581
Crime Victims Assistance Line: 1-800-228-3368 – 1-877-398-1130 (TTY)

Springfield Main Office 
500 South Second Street
Springfield, IL 62706
Phone: (217) 782-1090
Phone (TTY): 1-877-844-5461

Carbondale Main Office 
601 South University Ave.
Carbondale, IL 62901
Phone: (618) 529-6400/6401
Phone (TTY): 1-877-675-9339

Chicago West Regional Office 
306 N. Pulaski Rd.
Chicago, IL 60624
Phone: (773) 265-8808
Phone (TTY): 1-866-717-8804

East Central Illinois Regional Office 
1776 E. Washington St.
Urbana, IL 61802
Phone: (217) 278-3366
Phone (TTY): (217) 278-3371

Chicago South Regional Office 
8100 S. Stony Island, Suite C
Chicago, IL 60617
Phone: (773) 768-5926
Phone (TTY): (866) 717-8798

Northern Illinois Regional Office
Zeke Giorgi Center
200 South Wyman St., Suite 307
Rockford, IL 61101
Phone: (815) 967-3883
Phone (TTY): (815) 967-3891

West Central Illinois Regional Office 
628 Maine Street
Quincy, IL 62301
Phone: (217) 223-2221
Phone (TTY): (217) 223-2254

Metro East Illinois Regional Office 
201 West Pointe Drive , Suite 7
Belleville, IL 62226
Phone: (618) 236-8616
Phone (TTY): (618) 236-8619

Hate crimes laws:

• Ind. Code Ann. § 10-13-3-1: bias crimes as one in which the defendant acted "because of the color, creed, disability, national origin, race, religion, or sexual orientation of the injured person or of the owner or occupant of the affected property or because the injured person or owner or occupant of the affected property was associated with any other recognizable group or affiliation"
• Ind. Code Ann. § 10-13-3-38: Requires state police to collect data on bias crimes
• Ind. Code Ann. § 35-43-1-2: crime of criminal mischief as injuring property, including places of worship

Where to report hate crimes, in addition to local police:
FBI Field Office
FBI Indianapolis
8825 Nelson B Klein Pkwy
Indianapolis, IN 46250
Phone: (317) 595-4000

State Attorney General’s Office
Office of the Attorney General
Indiana Government Center South
302 W. Washington St., 5th Floor
Indianapolis, IN 46204
Phone: 317.232.6201