New York Law

Article 485 - NY Penal Law

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• Article 485

S 485.00 Legislative findings.
  The legislature finds and determines as follows: criminal acts
involving violence, intimidation and destruction of property based upon
bias and prejudice have become more prevalent in New York state in
recent years.  The intolerable truth is that in these crimes, commonly
and justly referred to as "hate crimes", victims are intentionally
selected, in whole or in part, because of their race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation. Hate crimes do more than threaten the safety and
welfare of all citizens. They inflict on victims incalculable physical
and emotional damage and tear at the very fabric of free society. Crimes
motivated by invidious hatred toward particular groups not only harm
individual victims but send a powerful message of intolerance and
discrimination to all members of the group to which the victim belongs.
Hate crimes can and do intimidate and disrupt entire communities and
vitiate the civility that is essential to healthy democratic processes.
In a democratic society, citizens cannot be required to approve of the
beliefs and practices of others, but must never commit criminal acts on
account of them. Current law does not adequately recognize the harm to
public order and individual safety that hate crimes cause. Therefore,
our laws must be strengthened to provide clear recognition of the
gravity of hate crimes and the compelling importance of preventing their
recurrence.
  Accordingly, the legislature finds and declares that hate crimes
should be prosecuted and punished with appropriate severity.

S 485.05 Hate crimes. *Listing of Specified Offenses*
  1.  A  person  commits a hate crime when he or she commits a specified
offense and either:
  (a) intentionally selects the  person  against  whom  the  offense  is
committed  or  intended  to be committed in whole or in substantial part
because of a belief or perception regarding the  race,  color,  national
origin,  ancestry, gender, religion, religious practice, age, disability
or sexual orientation of a person, regardless of whether the  belief  or
perception is correct, or
  (b)  intentionally commits the act or acts constituting the offense in
whole or in substantial part because of a belief or perception regarding
the race, color, national origin, ancestry, gender, religion,  religious
practice,  age, disability or sexual orientation of a person, regardless
of whether the belief or perception is correct.
  2. Proof of race, color, national origin, ancestry, gender,  religion,
religious  practice,  age,  disability  or  sexual  orientation  of  the
defendant, the victim or of both the defendant and the victim does  not,
by   itself,  constitute  legally  sufficient  evidence  satisfying  the
people's burden under paragraph (a) or (b) of subdivision  one  of  this
section.
  3. A "specified offense" is an offense defined by any of the following
provisions  of  this  chapter:  section  120.00  (assault  in  the third
degree); section 120.05 (assault in the second degree);  section  120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person  less  than  eleven  years  old); section 120.13 (menacing in the
first degree); section 120.14 (menacing in the second  degree);  section
120.15   (menacing  in  the  third  degree);  section  120.20  (reckless
endangerment  in  the   second   degree);   section   120.25   (reckless
endangerment  in the first degree); section 121.12 (strangulation in the
second degree); section 121.13  (strangulation  in  the  first  degree);
subdivision  one  of section 125.15 (manslaughter in the second degree);
subdivision one, two or four of  section  125.20  (manslaughter  in  the
first  degree);  section  125.25  (murder in the second degree); section
120.45 (stalking in the fourth degree); section 120.50 (stalking in  the
third  degree);  section 120.55 (stalking in the second degree); section
120.60 (stalking in the first degree); subdivision one of section 130.35
(rape in the first degree); subdivision one of section 130.50  (criminal
sexual  act  in  the  first  degree);  subdivision one of section 130.65
(sexual abuse in the first degree); paragraph (a) of subdivision one  of
section 130.67 (aggravated sexual abuse in the second degree); paragraph
(a) of subdivision one of section 130.70 (aggravated sexual abuse in the
first  degree);  section  135.05  (unlawful  imprisonment  in the second
degree); section 135.10 (unlawful imprisonment  in  the  first  degree);
section  135.20  (kidnapping  in  the  second  degree);  section  135.25
(kidnapping in the first degree); section 135.60 (coercion in the second
degree); section 135.65 (coercion in the first degree);  section  140.10
(criminal  trespass  in  the  third  degree);  section  140.15 (criminal
trespass in the second degree); section 140.17 (criminal trespass in the
first degree); section 140.20 (burglary in the  third  degree);  section
140.25  (burglary in the second degree); section 140.30 (burglary in the
first degree); section 145.00 (criminal mischief in the fourth  degree);
section  145.05  (criminal mischief in the third degree); section 145.10
(criminal mischief in  the  second  degree);  section  145.12  (criminal
mischief  in  the  first  degree);  section  150.05 (arson in the fourth
degree); section 150.10 (arson in  the  third  degree);  section  150.15
(arson  in  the  second  degree);  section  150.20  (arson  in the first
degree); section 155.25 (petit larceny); section 155.30  (grand  larceny
in  the  fourth  degree);  section  155.35  (grand  larceny in the third
degree); section 155.40 (grand larceny in the  second  degree);  section
155.42  (grand  larceny in the first degree); section 160.05 (robbery in
the third degree);  section  160.10  (robbery  in  the  second  degree);
section 160.15 (robbery in the first degree); section 240.25 (harassment
in  the  first  degree);  subdivision one, two or four of section 240.30
aggravated  harassment  in  the  second  degree);  or  any  attempt  or
conspiracy to commit any of the foregoing offenses.
  4. For purposes of this section:
  (a) the term "age" means sixty years old or more;
  (b)  the  term "disability" means a physical or mental impairment that
substantially limits a major life activity.

S 485.10 Sentencing.
  1. When a person is convicted of a hate crime pursuant to this
article, and the specified offense is a violent felony offense, as
defined in section 70.02 of this chapter, the hate crime shall be deemed
a violent felony offense.
  2. When a person is convicted of a hate crime pursuant to this article
and the specified offense is a misdemeanor or a class C, D or E felony,
the hate crime shall be deemed to be one category higher than the
specified offense the defendant committed, or one category higher than
the offense level applicable to the defendant`s conviction for an
attempt or conspiracy to commit a specified offense, whichever is
applicable.
  3. Notwithstanding any other provision of law, when a person is
convicted of a hate crime pursuant to this article and the specified
offense is a class B felony:
  (a) the maximum term of the indeterminate sentence must be at least
six years if the defendant is sentenced pursuant to section 70.00 of
this chapter;
  (b) the term of the determinate sentence must be at least eight years
if the defendant is sentenced pursuant to section 70.02 of this chapter;
  (c) the term of the determinate sentence must be at least twelve years
if the defendant is sentenced pursuant to section 70.04 of this chapter;
  (d) the maximum term of the indeterminate sentence must be at least
four years if the defendant is sentenced pursuant to section 70.05 of
this chapter; and
  (e) the maximum term of the indeterminate sentence or the term of the
determinate sentence must be at least ten years if the defendant is
sentenced pursuant to section 70.06 of this chapter.
  4. Notwithstanding any other provision of law, when a person is
convicted of a hate crime pursuant to this article and the specified
offense is a class A-1 felony, the minimum period of the indeterminate
sentence shall be not less than twenty years.
  5. In addition to any of the dispositions authorized by this  chapter,
the  court  may  require  as  part of the sentence imposed upon a person
convicted of a hate crime pursuant to this article, that  the  defendant
complete  a  program, training session or counseling session directed at
hate crime prevention and education, where  the  court  determines  such
program,   training   session  or  counseling  session  is  appropriate,
available and was developed or authorized by the court or local agencies
in cooperation with organizations serving the affected community.

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