18 U.S. Code § 249, the primary federal statute addressing hate crimes, underscores the severity of these offenses. It prohibits and sets penalties for intentionally causing or attempting to cause bodily harm to someone based on their actual or perceived race, color, religion, national origin, sexual orientation, gender, gender identity, or disability. 

The law covers crimes committed with certain weapons (such as firearms, explosives, etc.) or when the offense impacts interstate commerce, occurs on federal property, or involves particular protected activities. These activities could include voting, attending a public school, or participating in a federally funded program. 

This law bans intentionally causing bodily harm or attempting to do so using fire, firearms, dangerous weapons, or explosive or incendiary devices. The offense must be motivated by the victim's real or perceived race, color, religion, national origin, sexual orientation, gender, gender identity, or disability. 

The law is applicable even when the perpetrator mistakenly believes the victim's identity or traits. It also applies if the crime impacts interstate or international commerce, or involves a facility of such commerce. Additionally, it covers crimes committed within the United States' Special Maritime and Territorial Jurisdiction. 

Key Takeaways

• Many states have outlawed hate crimes, but it's also a federal offense to cause bodily harm or attempt to do so based on actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation.
• When federal prosecutors find that a crime was committed against someone because of their specific characteristics, such as sexual orientation or gender identity, the perpetrator may face stricter penalties under state or federal hate crime laws.
• Also known as the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009, Title 18 U.S.C. 249 was enacted to address gaps and strengthen legal provisions, enabling prosecutors to identify and prosecute hate crime offenders more effectively.
• This act was named after two victims of hate crimes, Matthew Shepard and James Byrd Jr., and was a significant step in federal hate crime legislation. This federal law covers specific scenarios that may not be covered by other hate crimes legislation.

What is the Content of Section 249?

18 U.S.C. § 249 says, "Whoever willfully causes bodily injury to someone or, through using a firearm, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to anyone, because of the actual or perceived race, color, religion, or national origin of any person, shall be fined and imprisoned for up to ten years or life in prison if death results or the offense includes kidnapping, aggravated sexual abuse or an attempt to kill."

Hate crime prosecutions are classified as civil rights violations. If found guilty, federal laws impose strict penalties. Therefore, being accused of any civil rights violation may lead to federal charges, making it essential to hire an experienced federal criminal defense attorney. 

People Covered by the Hate Crimes Law

18 U.S.C. 249 makes it a felony to commit certain acts against victims based on their actual or perceived association with certain groups, such as the following:

• Their particular race, color, religion, or national origin in general; OR
• Gender, sexual orientation, gender identity, or disability, especially when the action crosses state lines or impacts interstate or foreign commerce. It extends coverage beyond individual state laws by addressing crimes that occur across state boundaries.

A crucial part of this law is the phrase "actual or perceived" (race, religion, etc.). It matters because it broadens the scope of hate crimes to include victims who are believed to have a protected characteristic, even if mistaken.

So, harming someone because they are thought to be Jewish—even if they are not—is considered a federal hate crime, just like if the victim truly were Jewish.

Which Federal Laws are Associated With This?

18 U.S. Code Chapter 13 lists the federal statutes dealing with civil rights violations, which include the following:

• 18 U.S.C. § 241 - Conspiracy against rights
• 18 U.S.C. § 242 - Deprivation of rights under color of law
• 18 U.S.C. § 243 - Exclusion of jurors on account of race or color
• 18 U.S.C. § 244 - Discrimination against a person wearing the uniform of the armed forces
• 18 U.S.C. § 245 - Federally protected activities
• 18 U.S.C. § 246 - Deprivation of relief benefits
• 18 U.S.C. § 247 - Damage to religious property; obstruction of persons in the free exercise of religious beliefs
• 18 U.S.C. § 248 - Freedom of access to clinic entrances
• 18 U.S.C. § 249 - Hate crime acts
• 18 U.S.C. § 250 - Penalties for civil rights offenses involving sexual misconduct

What are the Penalties?

The penalties for violating 18 U.S.C. 249 vary depending on the specifics of each case, but they can be quite serious. Typically, a federal hate crime conviction under this law can result in the following sentences:

• Imprisonment of up to 10 years; or
• A penalty of up to $250,000.

However, under specific circumstances, the maximum penalty for this hate crime could be increased to life imprisonment. This applies if the crime involves any of the following factors:

• Kidnapping
• Attempted kidnapping
• Aggravated sexual assault;
• Attempted aggravated sexual assault
• Attempted murder
• The death of anyone as a result of the crime

What Are the Defenses Against Federal Hate Crime Charges?

If charged with a federal hate crime, a skilled federal criminal defense attorney will aim to either fully exonerate you or eliminate the hate crime component from the charges.  This could include changing the venue to a state rather than a federal court. 

Maybe we can claim that the injury was not intentional and that you did not deliberately try to harm the victim. In other words, the injury happened by accident.

We could also argue that you were not involved in a hate crime; for instance, you might have been present or part of a group in which certain people committed the offense, but you did not actively participate.

We might argue that your actions did not target the alleged victim because of a protected characteristic. While you may have confronted the individual, it wasn't based on race, religion, or other protected traits.

Contact our law firm to review your case details and explore legal options if you've been accused of a hate crime. We may also negotiate with the federal prosecutor for a favorable outcome.

The Hedding Law Firm is based in Los Angeles, California, and assists clients nationwide with federal criminal cases. Reach out to us for a case review by phone or via our contact form.