What is a Bias Crime?

• In New Jersey, what is commonly called a “hate crime” is the crime of Bias Intimidation.[1]

• A bias crime occurs when a person commits, attempts, threatens, or conspires to commit a predicate offense, meaning a specific crime, with a purpose to intimidate a member of a protected class or with knowledge that the conduct would cause intimidation against a member of a protected class.

Protected classes include: race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.

To be considered a bias crime:

First, was a predicate offense committed?

• Harassment
• Criminal Mischief
• Arson
• Homicide
• Kidnapping
• Sexual assault
• Robbery
• Burglary
• Weapons offenses

Second, did the offender commit the crime:

1. With purpose to intimidate an individual or group of individuals; or
2. Knowing that an individual or group of individuals would be intimidated

Lastly, was the predicate crime committed against the victim because of:

1. Race
2. Color
3. Religion
4. Gender
5. Disability
6. Sexual Orientation
7. Gender Identity or Expression
8. National Origin
9. Ethnicity

***All bias crimes are bias incidents, but not all bias incidents rise to the level of crimes. ***

Bias crimes have Consequences:

• Jail Time
• Fines
• Probation
• Counseling/Sensitivity Training

Note: Even if the offender was mistaken as to the race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity of the victim, it will not be a defense to a prosecution of a bias crime

[1] defined at N.J.S.A. 2C:16-1.