Bias Indicators

(1) The following criteria can assist law enforcement officers in determining whether a particular crime should be classified as a hate crime. These criteria are not all inclusive, and each case must be examined on its own facts and circumstances. Common sense judgment should also be applied in making the determination whether a crime should be classified as a hate crime. (a) The offender and the victim were of different racial, religious, ethnic/national origin, handicap, gender or sexual orientation groups. For example, the victim was black and the offenders were white. (b) Bias-related oral comments, written statements, or gestures were made by the offender which indicate his/her bias. For example, the offender shouted a racial or anti-gay epithet at the victim or made an abusive or pejorative reference based on gender. (c) Bias-related drawings, markings, symbols, or graffiti were left at the crime scene. For example, a swastika was painted on the door of a synagogue. (d) Certain objects, items, or things which indicate bias were used (e.g., the offenders wore white sheets and white hoods) or left behind by the offenders(s) (e.g., a burning cross was left in front of the victim's residence). (e) The victim is a member of a racial, religious, ethnic/national origin, handicap, gender or sexual orientation group which is overwhelmingly outnumbered by members ofanother group inthe area where the victim lives or works and the incident took place. (f) The victim was visiting a location where previous hate crimes had been committed against other members of his/her racial, religious, ethnic/national origin, handicap, gender or sexual orientation group and where tensions remain high against his/her group. (g) Several incidents have occurred in the same locality, at or about the same time, and the victims are all of the same racial, religious, ethnic/national origin, handicap, gender or sexual orientation group. (h) Victims or witnesses perceive that the incident was motivated by bias. (i) The victim was engaged in activities promoting a racial, religious, ethnic/national origin, handicap, gender or sexual orientation group. For example, the victim is a member of the NAACP, participated in gay rights demonstrations, etc. (j) The incident coincided with a holiday relating to or a date of particular significance to, a racial, religious, ethnic/national origin, handicap, gender or sexual orientation group (e.g., Martin Luther King Day, Rosh Hashanah, Gay/Lesbian Pride Day, etc.). (k) The offender was previously involved in a similar hate crime or is a member of, or associates with, a hate group. (l) There were indications that a hate group was involved. For example, a hate group claimed responsibility for the crime or was active in the neighborhood. (m) A historically established animosity exists between the victim's ethnic/national/religious group and the offender's ethnic/national/religious group. (n) The victim, although not a member of the targeted racial, religious, ethnic/national origin, handicap, gender or sexual orientation group, is a member of an advocacy group supporting the precepts of the victim group, or is friendly with members of a victim group. (o) The victim was in or near an area or place commonly associated with or frequented by a particular racial, religious, ethnic/nationalorigin, handicap, gender or sexual orientation group (e.g., a gay bar). (p) There was no clear economic motive for an assault and battery. (q) The victim was in the company of, or married to, a member of a targeted group. (r) The victim has received harassing mail or phone calls or has been victim of verbal abuse based on his/her affiliation with a targeted group. (s) The victim was perceivable by the offender as violating or breaking fromrole conventions or stereotypes, or working in non-traditional employment. (t) The crime involved extreme mutilation, cruelty, or brutality. (u) The offender has been subject to M.G.L. c. 209A restraining orders against two or more different women. (v) The offender has a history of previous crimes with a similar modus operandi, and there have been multiple victims of the same racial, religious, ethnic/national origin, handicap, gender or sexual orientation group. (2) Bias indicators need not establish that the predominant purpose of a perpetrator's actions was motivated by hatred or bias. It is sufficient for classification of an incident as a hate crime that a perpetrator was acting out of hatred or bias, together with other motives; or that a bias motive was a contributing factor, in whole or in part, in the commission of a criminal act. (3) For a crime to be classifiable as a hate crime, it is sufficient that bias indicator(s) would, in the exercise of professional law enforcement judgment, directly or circumstantially support a finding of a bias motive. Bias indicators need not conclusively demonstrate that a criminal act was motivated by bias or bigotry. In some instances, one bias indicator may be sufficient to support an inference that a crime was motivated by bias or bigotry (e.g., bias-related epithets or markings). In other cases, more than one bias indicator may be necessary to warrant such an inference. In each instance, a law enforcement judgment is necessary to assess whether a given crime was hate motivated. (4) Facts or circumstances deemed sufficient to support an arrest or criminal charge under M.G.L. c. 265, §§ 37 and 39; c. 266, § 127A, and c. 272, § 92A are automatically sufficient for classification and reporting of an incident as a hate crime. (5) Even if the offender was mistaken in his/her belief that the victim was a member of a racial, religious, ethnic/national origin, handicap, or sexual orientation group, the offense is still a hate crime as long as the offender was motivated by bias against that group. For example, a non-gay man walking by a bar frequented by gays was attacked by six teenagers mistakenly believing the victim to be gay. Although the offenders were mistaken, the offense is a hate crime because it was motivated by the offenders' anti-gay bias.