Current Version
| Region | United States |
| Issue | Hate crime protections |
| Status | Varies by Region |
| Start Date | Oct 28, 2009 |
| End Date | (none) |
| Description | The Shepard Byrd Act makes it a federal crime to willfully cause bodily injury, or attempt to do so using a dangerous weapon, because of the victim’s actual or perceived race, color, religion, or national origin. The Act also extends federal hate crime prohibitions to crimes committed because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person, only where the crime affected interstate or foreign commerce or occurred within federal special maritime and territorial jurisdiction. The Shepard-Byrd Act is the first statute allowing federal criminal prosecution of hate crimes motivated by the victim’s actual or perceived sexual orientation or gender identity. |
| Sources | https://www.justice.gov/crt/hate-crime-laws https://www.hrc.org/resources/hate-crimes-timeline https://www.justice.gov/hatecrimes/report-a-hate-crime |
Revision History (4)
edited by mineszilla. falls into varies by region due to certain criteria needing to be met. States with "Protected in some contexts" still apply and cases can be transferred to federal hands if the following criteria is met
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Value | Sexual orientation and gender identity | (REMOVED) |
| Special Status | Sexual orientation and gender identity | Varies by Region |
| Description | In 2009, former President Barack Obama signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which amended existing U.S. hate crime law to include gender, disability, gender identity, and sexual orientation as protected characteristics. The Justice Department recommends that a hate crime is first reported to local or state law enforcement before following up with the FBI. | The Shepard Byrd Act makes it a federal crime to willfully cause bodily injury, or attempt to do so using a dangerous weapon, because of the victim’s actual or perceived race, color, religion, or national origin. The Act also extends federal hate crime prohibitions to crimes committed because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person, only where the crime affected interstate or foreign commerce or occurred within federal special maritime and territorial jurisdiction. The Shepard-Byrd Act is the first statute allowing federal criminal prosecution of hate crimes motivated by the victim’s actual or perceived sexual orientation or gender identity. |
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edited by mineszilla. Is a federal law, but because you have to report hate crimes to local/state law enforcement first before the FBI, local/state laws will apply first unless the state doesn't have such a law which those states are listed as "protected in some contexts".
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | (REMOVED) | Sexual orientation and gender identity |
| Special Status | Varies by Region | Sexual orientation and gender identity |
| Description | In 2009, former President Barack Obama signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which amended existing U.S. hate crime law to include gender, disability, gender identity, and sexual orientation as protected characteristics. However, one must be tried through the federal courts or transferred to the federal courts for this law to apply. Hate crime laws varies by region. | In 2009, former President Barack Obama signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which amended existing U.S. hate crime law to include gender, disability, gender identity, and sexual orientation as protected characteristics. The Justice Department recommends that a hate crime is first reported to local or state law enforcement before following up with the FBI. |
Show Difference | ||
| Sources | https://www.justice.gov/crt/hate-crime-laws https://www.hrc.org/resources/hate-crimes-timeline | https://www.justice.gov/crt/hate-crime-laws https://www.hrc.org/resources/hate-crimes-timeline https://www.justice.gov/hatecrimes/report-a-hate-crime |
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edited by mineszilla. The hate crime law is only effective when a criminal is tried at the federal level, most cases are state dependent and the law varies greatly by state
Helpful?
0 | Old Value (Original) | New Value | |
|---|---|---|
| Value | Sexual orientation and gender identity | (REMOVED) |
| Special Status | Sexual orientation and gender identity | Varies by Region |
| Description | In 2009, former President Barack Obama signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which amended existing U.S. hate crime law to include gender, disability, gender identity, and sexual orientation as protected characteristics. | In 2009, former President Barack Obama signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which amended existing U.S. hate crime law to include gender, disability, gender identity, and sexual orientation as protected characteristics. However, one must be tried through the federal courts or transferred to the federal courts for this law to apply. Hate crime laws varies by region. |
Show Difference | ||
created by UnknownMiles
Helpful?
0 | Original entry | |
|---|---|
| Status | Sexual orientation and gender identity |
| Start Date | Oct 28, 2009 |
| End Date | (none) |
| Description | In 2009, former President Barack Obama signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which amended existing U.S. hate crime law to include gender, disability, gender identity, and sexual orientation as protected characteristics. |
| Sources | https://www.justice.gov/crt/hate-crime-laws https://www.hrc.org/resources/hate-crimes-timeline |