What is a Bias Crime?

In New Jersey, what is commonly called a “hate crime” is the crime of Bias Intimidation.[1]. A bias crime occurs when an offender commits a specific “predicate offense” with a purpose to intimidate a member of a protected class or with knowledge that the conduct would cause intimidation against a member of a protected class.

To find that someone committed a bias crime:

• The State must prove the person committed, attempted to commit, conspired to commit, or threatened to immediately commit a “predicate offense”:

• Assault and Aggravated Assault
• Sexual Assaults
• Arson & Criminal Mischief
• Harassment

• Then, the State must prove the predicate offense was done:

1. 1. With purpose to intimidate an individual or group of individuals; or
   2. Knowing that an individual or group of individuals would be intimidated;

• Finally, the State must prove that the crime was committed against the victim because of a person’s actual or perceived:

• Sexual Orientation
• Gender Identity or Expression
• Disability
• Other Protected Characteristics

Bias Crimes Have Consequences

• • Jail & Prison Time
  • Fines & Fees
  • Restitution
  • Probation
  • Counseling/Sensitivity Training

If you are the victim of or if you witnessed a bias crime Report it right away.

[1] Defined in N.J.S.A. 2C:16-1
[2] Note: Even if the offender was mistaken as to the race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity of the victim, it will not be a defense to a prosecution of Bias Intimidation.