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State Hate Crimes Statutes

State laws against hate crimes vary widely, resulting in unequal protection from similar violent crimes in different jurisdictions.

  • Brennan Center for Justice
Last Updated: July 2, 2020
Published: July 1, 2019

Updated July 2, 2020

Reported increases in far-right violence have led policymakers to search for new solutions. Because these attacks on vulnerable communities are often investigated and prosecuted as hate crimes or violent crimes, part of the solution is ensuring that they are accurately tracked and reported. Unfortunately, federal hate crimes data is flawed and incomplete. This is due in large part to the Department of Justice’s reliance on voluntary reporting from state and local law enforcement to fulfill its obligation to report national hate crimes data.

There are wide disparities in the protections provided by the various state hate crimes laws, resulting in unequal protection from similar violent crimes in different jurisdictions and the frustration of efforts to collect and maintain accurate national data regarding these attacks. Six Five states — Arkansas, Georgia, Indiana, North Dakota, South Carolina, and Wyoming — do not even have hate crime laws.

The table below illustrates the differences in hate crimes laws among the states and U.S. territories. It includes all state hate crimes statutes as well as laws that protect against activities commonly understood as hate crimes, such as displaying a noose or burning a cross. The table tracks whether the statutes establish independent hate crime offenses or if they are used to enhance penalties on underlying crimes. It also notes statutes that require data collection, hate crimes training for law enforcement officers, or provisions for alternative resolutions to addressing the harms caused by such crimes.

The table is part of the Brennan Center report Fighting Far-Right Violence and Hate Crimes: Resetting Federal Law Enforcement Priorities.

Click on states to show and hide their hate crime statutes.

Statute

Summary

Type

Protected Categories

Alabama

Alaska

Arizona

Arkansas – No Criminal “Hate Crime” Statute

California

Colorado

Connecticut

Deleware

Washington D.C.

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana – No Criminal “Hate Crime” Statute

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Dakota – No Criminal “Hate Crime” Statute

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina – No Criminal “Hate Crime” Statute

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming – No Criminal “Hate Crime” Statute

U.S. Territories

American Samoa – No Criminal “Hate Crime” Statute

Guam – No Criminal “Hate Crime” Statute

Northern Mariana Islands – No Criminal “Hate Crime” Statute

Puerto Rico

U.S. Virgin Islands – No Criminal “Hate Crime” Statute