§ 3046. Short title

This chapter may be cited as “The Hate-Motivated Crimes Act”.

§ 3047. Definitions

As used in this chapter: (a) “Enhanced penalty” means a statutory enhancement where the sentence is increased significantly and could double or more the sentence for the underlying crime for an offender who intentionally selects a victim based upon at least in part, the victim’s race, color, religion, national origin, sex, ancestry, age, disability, sexual […]

§ 3048. Penalties

A person who willfully commits, causes to be committed or attempts to commit any crime and whose conduct is maliciously motivated by prejudice of the victim’s actual or perceived race, color, religion, national origin, sex, ancestry, age, disability, sexual orientation or gender identity is subject to the following enhanced penalties: (a) If the maximum penalty […]

§ 3049. Evidence

In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.

§ 3050. Separability

If any provision of this chapter or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this chapter and the application of the provisions of this chapter to any person or circumstance shall not be affected thereby.

§ 3051. Construction

Nothing in this chapter may be construed to prohibit any expressive conduct protected from legal prohibition by or any activities protected by the Free Speech or Free Exercise Clauses of the First Amendment to the United States Constitution.