Arizona

A hate crime is generally defined as a crime against a person or property that is motivated by bias, prejudice, or hatred toward the personal, or perceived personal, characteristics of a victim, including: race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.

The definition of a hate crime differs from state to state, but always includes an underlying crime.[1] Several states do not have separate statutes for crimes motivated by hate, but at a minimum, most states have enhanced penalties for crimes motivated by hatred based upon the above characteristics.  Furthermore, if state and local authorities do not sufficiently protect victims of hate crimes, then the federal government may step in and prosecute hate crime violations.

Arizona law provides for enhanced sentencing if a felony crime is committed due to bias motivated by a victim’s race, color, religion, national origin, sexual orientation, gender, or disability.[i]

A hate incident is based on the same behaviors and motivations as a hate crime, but does not rise to the level of a crime.  For example, you may be a victim of hate speech, which, depending on the circumstances, may not constitute a crime (and may be protected under the First Amendment), but which may constitute a hate incident.

[1] Examples of underlying crimes include: assault, battery, destruction of property, threats, rape, murder, arson, robbery, and burglary.  This list of criminal offenses is not exhaustive, however, and other criminal offenses may also be considered hate crimes.

[i] A.R.S. § 13-701; See also A.R.S. § 41-1750.

If you think you may be a victim of a hate crime or hate incident, you should immediately take the following three steps:

STEP 1 – – REPORT IT

For emergencies:
• If you (or others) have been injured or fear for your safety, call 911 immediately.
• If you are uncomfortable calling 911 or local law enforcement, consider calling the local United States Attorney, the local FBI Field Office, or the State Attorney General’s office to report the offense. Understand, however, that these authorities may not respond as quickly as local law enforcement responding to a 911 call.
• Obtain medical attention if necessary.

For non-emergencies:
• If a non-emergency, call your local police station, or visit your local police office or federal law enforcement office as soon as possible to report the offense.
• If you are not comfortable calling law enforcement, consider calling a trusted community or legal services organization. You can call 1-844-9-NO-HATE to be connected to a local organization.

Follow-up and key things to remember for both emergencies and non-emergencies:

• Ensure that a police report is filed regarding the offense and obtain a copy of the report (which should include the responding officer’s name and badge number).
• Request that the police report indicate that the offense may have been a hate crime or a hate incident.
• File the report with local law enforcement, the State Attorney General’s office, and federal law enforcement.
• For additional support and documentation, also report it to 844-9-NO HATE.

STEP 2 – – GATHER INFORMATION

• Preserve any evidence and take photographs of the evidence. For example, do not remove graffiti but instead, take photographs of the graffiti. Do not delete electronic correspondence (e.g., text messages, e-mails, social media posts, etc.), including your own. If you decide to involve law enforcement, you should preserve all evidence as directed by law enforcement.
• Document the experience in writing as soon as possible after the offense, including any specific words used during the offense. Record all your thoughts.
• Record any information you can remember about the perpetrator, including approximate age, height, weight, gender, race, clothing and any other distinguishing characteristics.
• Obtain contact information (names, addresses, and telephone numbers) of any other victims or witnesses to the offense.

STEP 3 – – GET ADDITIONAL SUPPORT

• Find support in the community — through friends and family, victims’ organizations, advocacy or community groups, religious organizations, legal groups, professional counseling, etc.
• Consider seeking legal representation.

Remember, you can always contact 1-844-9-NO-HATE.

Yes. Arizona’s hate crime law comes in the form of a penalty enhancement statute. Under Section 13-701 of the Arizona Revised Statutes, evidence that a crime was committed because of actual or perceived characteristics of the victim’s race, color, religion, national origin, sexual orientation, gender, or disability is an aggravating factor for sentencing purposes and the sentencing judge must consider such evidence in determining the appropriate sentence and may impose a sentence greater than the presumptive sentence.

In other words, if someone was motivated by hate because a victim belonged to one of the above classes while committing a crime, he or she may receive an increased sentence if this crime qualifies as a hate crime.[i]

[i] A.R.S. § 13-701; See also A.R.S. § 41-1750.

Arizona’s penalty enhancement statute as it pertains to hate crimes applies to victims of a crime because of his or her actual or perceived:

• Race
• Color
• Religion
• National Origin
• Sexual Orientation
• Gender
• Disability

Note that the enhanced sentencing law does not apply to victims of a crime committed because of their gender identity.

First, an offender has to be convicted under Arizona’s Criminal Code (Title 13) before a penalty enhancement for committing a hate crime may apply. Property crimes like trespassing, burglary, property damage, and arson are defined in Chapters 15-17 of the Arizona Criminal Code.

A.R.S. § 13-701 and A.R.S. § 41-1750, taken together, describe how the penalty enhancement may be considered. After a criminal defendant has been found guilty in Arizona, the trier of fact (judge or jury) must consider evidence (if it can be shown) that the defendant acted out of malice because of the victim’s actual or perceived protected traits (See above). This consideration occurs during the sentencing phase, and may increase the criminal punishment imposed on the defendant to the maximum sentence allowed for that particular crime under Arizona law.

First, an offender has to be convicted under Arizona’s Criminal Code (Title 13) before a penalty enhancement for committing a hate crime may apply.

A.R.S. § 13-701 and A.R.S. § 41-1750, taken together, describe how the penalty enhancement may be considered. After a criminal defendant has been found guilty in Arizona, the trier of fact (judge or jury) must consider evidence (if it can be shown) that the defendant acted out of malice because of the victim’s actual or perceived protected traits (See above). This consideration occurs during the sentencing phase, and may increase the criminal punishment imposed on the defendant to the maximum sentence allowed for that particular crime under Arizona law.

Yes. A.R.S. § 13-1604 (desecration) specifically prohibits “defacing, damaging or in any way changing the appearance of any building, structure, personal property or place used for worship of any religious purpose….” If an offender is convicted of desecration, his or her penalty may be enhanced if a hate motive based on a protected trait can be shown. (See above).

Yes. A.R.S. § 13-1202 (terroristic threatening) outlaws a person threatening or intimidating by word or conduct:

1. to cause physical injury or serious damage to another person or another person’s property; or
2. to cause, or have reckless disregard in causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or
3. to cause physical injury to another person or damage another person’s property in order to promote, further or assist interests “or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise….”

If an offender is convicted of terroristic threatening, his or her penalty may be enhanced if a hate motive based on a protected trait can be shown. (See above).

A.R.S. § 13-1707 (unlawful cross burning) prohibits burning or causing a burning cross to be placed on a highway, any other public place, or on another person’s property without the owner’s permission if such action is done with the intent to intimidate a person or group of persons. Intent to intimidate may not be inferred solely from the act of burning a cross, but must be proven by independent evidence.

The Lawyers’ Committee for Civil Rights Under Law maintains a Stop Hate Resource Hotline (1-844-9-NO-HATE) which serves as a resource for organizations and individuals working to combat hate in their community and can be called for reporting and resource purposes.

You can contact

• Arizona Attorney General – Victim Services at (602) 542-5025 or online (https://www.azag.gov/victim-services)
• The US Attorney’s Victim Witness Services (https://www.justice.gov/usao-az/programs/victim-witness-services)

No. Arizona does not have any civil laws directly related to hate crimes. See above for a discussion of other civil laws you can use to bring a civil case.

There are a number of other civil laws that you can use to bring a case against someone who physically or emotionally injures you.  This is true even if the person’s actions do not rise to the legal definition of a hate crime or hate incident.  These other civil laws, or causes of action, are generally known as torts.  A tort is a wrongful act that results in legal liability.

Anyone who commits a tort against another or another’s property in Arizona may be personally responsible in damages where the aggrieved party brings a court action. In Arizona, if someone intentionally injures you or your property, you may be able to sue that person for damages using any of the following tort causes of action:

Assault: An assault is defined as “1) Intentionally, knowingly or recklessly causing any physical injury to another person; or 2) Intentionally placing another person in reasonable apprehension of imminent physical injury; or 3) Knowingly touching another person with the intent to injure, insult or provoke such person.” An example of an assault is when someone uses a toy gun, weapon, or open fist or hand in a manner to threaten another.

Battery: A battery is defined as an intentional act by one person that results in harmful or offensive contact with the person of another. An example of a battery is when someone uses a real gun and shoots another. Another, less extreme, example of a battery is when someone punches or kicks another.

False Imprisonment: False imprisonment is defined as the “actual and unlawful restraint or detention of one person against his will by another.” An example of false imprisonment would be if someone locked you in a room and you were unable to escape.

Intentional or Reckless Infliction of Emotional Distress (“IIED”): IIED is best defined by its elements. To bring an IIED claim, a plaintiff must be able to show: “(1) the defendant committed “extreme and outrageous conduct”; (2) the defendant either intended to cause emotional distress or recklessly disregarded the near certainty that such distress will result from the conduct; and (3) the conduct caused severe emotional distress.” An example of outrageous conduct that could lead to a successful IIED claim would be someone calling your home phone and leaving threatening messages of physical violence or death.

Trespass to Land & Conversion: Trespass to land and conversion are causes of action used when another damages your real or personal property. Trespass to land applies to real property and is defined as “knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.” An example of trespass to land would be if someone vandalized, or otherwise damaged, your front lawn.  Conversion, on the other hand, applies to personal property and is defined as “any act of dominion wrongfully exerted over another’s personal property in denial of or inconsistent” with their rights over that property. An example of conversion would be if someone vandalized, or otherwise damaged, your car.

In addition, if it can be proven that someone injured you or your property due to bias, prejudice, or hatred, you may be able to recover punitive damages. Punitive damages are awarded in addition to typical compensatory damages and are generally considered to be a form of punishment. In Arizona, if a victim can show by clear and convincing evidence that a defendant acted with “an evil hand guided by an evil mind,” or evidence shows “the defendant intended to injure the victim or was deliberately indifferent to the rights of others, consciously disregarding substantial risk of significant harm,” a victim may be able to recover not only compensatory damages normally awarded in order to make a victim whole, but also additional punitive damages meant to punish the wrongdoer.

Note: Private citizens can bring these civil tort claims.

You can contact the 844-9-NO-HATE hotline, or use the local attorney referral services listed below.

State Bar of Arizona – Find a Lawyer Service

http://www.azbar.org/findalawyer/

(866) 48-AZ-BAR

• Arizona Attorney General – Victim Services at (602) 542-5025 or online (https://www.azag.gov/victim-services)
  • Includes Victim Restitution & Compensation: https://www.azag.gov/victim-services/victim-compensation-restitution
• The US Attorney’s Victim Witness Services (https://www.justice.gov/usao-az/programs/victim-witness-services)

If you would like additional information or need additional help, please visit the Communities against Hate resource page at www.communitiesagainsthate.org. If the information you are seeking is not on the resource page or if you need immediate help, please contact 844-9-NO-HATE.