Arkansas

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.[i] Arkansas does not have separate criminal statues for crimes motivated by hate. Additionally, Arkansas does not have a penalty enhancement statute for crimes motivated by hate (a penalty enhancement statute allows a judge to increase an individual’s sentence if he or she committed an underlying offense that was motivated by hate). However, 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.

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.

[i] Examples of underlying crimes include: assault, battery, destruction of property, threats, rape, murder, arson, robbery, and burglary.  Note that this list of criminal offenses is not exhaustive.

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, emails, 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.

No, Arkansas does not have a criminal hate crime law.

Arkansas law does not take into account the motivation for the violence you or your family member has experienced. However, attacking another person is against the law and this crime should be reported to the police. If someone attacks you or your family member, they may be guilty of the crime of battery under Arkansas law. Battery is defined as the causing of physical injury to another person.[i] Depending on how serious the attack is or if a weapon was used, the perpetrator may be guilty of battery in the first degree, second degree or third degree. If the attack creates a substantial danger of death or serious injury or involves a gun or strangulation, the perpetrator may be guilty of aggravated assault.[ii] You should report any attacks on you or your family members to the police.

[i] AR Code §5-13-201-3 (2016).

[ii] AR Code §5-13-204 (2016).

Although Arkansas does not have any hate crime laws, damaging another person’s property is a crime called criminal mischief. If someone damages your property on purpose and without legal justification, depending on the value of the property that is destroyed, that person would be guilty of criminal mischief in either the first or second degree.[i]

[i] AR Code §5-38-203 (2016) and AR Code §5-38-204 (2016).

Arkansas has two laws that you may turn to if someone defaces your place of worship.  First, Arkansas Code § 5-71-215 criminalizes the defacing of objects of public respect. Under this law, if someone purposely “defaces, mars, desecrates or otherwise damages any place of worship, cemetery, or burial monument.” that person may be guilty of a Class D felony.[i]

Additionally, Arkansas Code § 5-38-301 criminalizes arson and specifically prohibits starting a fire or causing an explosion in a dedicated church property used as a place of worship. If the damage is $500 or less, then the crime is a misdemeanor. If the damage is more than $500, then the crime is a felony.[ii]

[i] AR Code §5-71-215 (2016).

[ii] AR Code §5-38-301 (2016).

Unfortunately, Arkansas does not have any criminal laws against intimidation. However, making threats to cause death or serious injury, such as hanging a noose, or serious property damage, like burning a religious symbol, to terrorize another is a crime under Arkansas law. The crime of terroristic threatening is committed when someone, with the purpose of terrorizing another person, threatens to cause death or serious physical injury or substantial property damage to another person.[i]

[i] AR Code §5-13-301 (2016).

You can contact the State Attorney General’s office at: (800) 482-8982; Your local District Attorney’s Victim/ Witness Program (County listing online, or the United States Attorney’s Office Victim/Witness Assistance Program in your district listing online).  You can also contact the Stop Hate Hotline at 1-844-9-NO-HATE.

Yes, the Arkansas Civil Rights Act of 1993 allows you to bring a civil case against the perpetrator of hateful behavior.[i] Under the Arkansas Civil Rights Act, you may bring a lawsuit to either stop the perpetrator from continuing their behavior (called “injunctive relief”) or to recover damages where you are subjected to intimidation or harassment, violence and vandalism that is motivated by racial, religious or ethnic hatred. Damages that you may recover under the Civil Rights Act can include the actual cost of injuries, compensation for pain and suffering, your court and lawyer’s fees, and even additional damages to encourage the perpetrator to stop their behavior (called “punitive damages”).

[i] A.C.A. § 16-23-106

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.  All torts arise from the legal duty to “abstain from injuring the person or property of another.”

In Arkansas, 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 purposefully creating the apprehension of imminent physical injury in another person.[i] An example of an assault is when someone uses a toy gun to threaten another.
• Battery – Battery is defined as “any willful and unlawful use of force or violence upon 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 “[a] person knowingly restrains another person so as to interfere substantially with the other person’s liberty.”[ii] In other words, a person is falsely imprisoned if he is wrongfully deprived of his freedom to leave a particular place by the conduct of another. An example of false imprisonment would be if someone locked you in a room and you were unable to escape.
• Intentional Infliction of Emotional Distress (“IIED”) – IIED is best defined by its elements. To bring an IIED claim, you must be able to show: (1) extreme and outrageous conduct by another who has the intent of causing, or at least has reckless disregard of the probability of causing, emotional distress; (2) that you suffered severe or extreme emotional distress; and (3) the other person’s outrageous conduct caused your distress.[iii]  Examples of conduct that could support a successful IIED claim vary widely, but courts note that in order to succeed on such a claim, the alleged conduct must be so outrageous as to exceed the bounds of decency in a civilized society.[iv]
• Criminal Trespass & Conversion – Criminal trespass and conversion are causes of action used when another damages your real or personal property. Criminal trespass applies to real property and vehicles and occurs when a person purposefully enters or remains unlawfully in or upon a vehicle or the property of another person.[v]  An example of trespass to land would be if someone came onto your front lawn without your permission or stayed there without your permission (whether or not they damage your property).  Conversion, on the other hand, applies to personal property and is defined as “the wrongful exercise of dominion over the property of another.”[vi]  An example of conversion would be if someone damaged your car.

In addition, if it can be proven that the person injured you or your property because of bias, prejudice, or hatred, you may be able to recover punitive damages.  Punitive damages are damages awarded in addition to typical compensatory damages and they are generally considered to be a form of punishment.  In Arkansas, if you can prove by “clear and convincing evidence” that your attacker acted with “malice,” meaning “conduct intended to cause injury or . . . despicable conduct carried out with a willful and conscious disregard of the rights or safety of other,” then you may recover additional damages. [vii]

Private citizens can bring these civil tort claims.

[i] AR Code §5-13-207 (2016).

[ii] AR Code §5-11-104 (2016).

[iii] See Croom v. Younts, 323 Ark. 95, 913 S.W.2d 283 (1996).

[iv] Id. See also Restatement of the Law, Torts 2d, 72.

[v] AR Code §5-39-203 (2016).

[vi] See Hatchell v. Wren, 363 Ark. 107, 211 S.W.3d 516 (2005).

[vii] AR Code §-55-206 (2016).

Contact your local bar association or 844-9-NO HATE.

The following organizations are key providers of legal assistance for victims of hate crimes and discrimination:

Arkansas Crime Victims Reparations Program

• Phone: (501) 682-1020
• http://arkansasag.gov/resources/victim-advocacy/

Your local District Attorney’s Office

• A directory of Arkansas’s District Attorney’s Offices can be found at: https://courts.arkansas.gov/sites/default/files/Judicial%20Directory.pdf

Office of the Arkansas Attorney General

• Phone: (501) 682-2007
• www.arkansasag.gov

The State Bar of Arkansas

• Legal Assistance Services directory can be found at: http://www.arkbar.org/for-public/legal-assistance

Northwest Arkansas Center for Equality

• Phone:  (479) 966-9014
• http://nwaequality.org/about-us/
• NWA Center for Equality is an LGBTQ non-profit organization that leads an advocacy movement working to achieve full equality for the lesbian, gay, bisexual, transgender and queer community in Northwest Arkansas.