What is a hate crime?

When we think of a hate crime, we often associate it with a crime motivated by dislike for someone’s race. However,
this simple definition can be extended further. A hate crime doesn’t necessarily mean that the perpetrator actually hates the victim; it becomes more specific. It entails committing a crime based on bias against someone’s identity. The motivation behind the crime may include different factors such as race, religion, sexual orientation, or disability.

One example of a hate crime: on February 5th, 2026, a woman was charged with a hate crime after allegedly attacking two women and a child. At 2:25 pm, a woman was shoved and kicked on Fifth Avenue and 89th Street, then made an anti-Muslim remark. Eight minutes after this attack, another woman was pushed while trying to get onto a bus. Three minutes later, a 12-year-old girl was punched in the face. No one accepted medical treatment, and all of the victims who were assaulted wore hijabs. This is considered a hate crime because it targets a specific religion—in this case, Islam.

Another example of a hate crime many would understand: the Holocaust. In history, it’s depicted as the most extreme hate crime. The objective of the Holocaust was to exterminate the races that would get in the way of the dominant race: the Germans. 6 million Jewish citizens were slaughtered, evidence of the most extreme hate crime in history. While it’s known worldwide as genocide, it is also legally and abstractly known as a crime against humanity. 

What’s a common misunderstanding of hate crimes?

Did you know just saying hateful things isn’t considered a hate crime? Many people often think that saying things like, “I hate this group” and “I hate that group” qualify as hate crimes. However, this is a common misconception. While these statements are opinionated and contain loaded words, they are protected under the First Amendment. Using slurs without any physical contact or threats does not constitute a hate crime. These instances are called “bias incidents.” If a student uses a slur against another student, it’s a bias incident. However, if it results in a physical dispute, then it becomes a hate crime.

Not only that, but hate crimes can be without physical contact. Hate crimes can include vandalism, threats, and graffiti, among other things. Someone can also commit a hate crime against their own race – hate crimes can be fueled by internalized racism against their own people.

What’s close to a hate crime, but actually isn’t considered one?

Wearing hate symbols such as swastikas and/or nooses or posting hateful flyers, or mocking disabilities or cultural norms, without physical contact, is not considered a hate crime. What crosses the line into it being a hate crime is when the action becomes criminal, such as assault or vandalism, which are actions entirely fueled by bias.

Do hate crimes go against the First Amendment?

While the First Amendment guards hate speech, it does not protect actions that constitute criminal conduct, like harassment, assault, death threats, and vandalism, to name a few. In addition to these criminal acts, hate crimes have the potential to be prosecuted in court. Evidence of hate speech can be utilized against them to prove the motive behind the crime. While an individual may hold beliefs that oppose others or even hateful beliefs, they can still be penalized for them in a court of law.

Recognizing the distinction between a crime and a hate crime matters. Under New York law, it focuses on criminal actions intentionally fueled by bias against protected characteristics. While hateful speech is protected under the First Amendment, once bias incites a criminal act such as vandalism or assault, the consequences become more grave under hate crime statutes. Recognizing the differences enables communities to respond appropriately, guards constitutional rights, and corroborates the idea that justice is based on evidence and legal standards rather than emotion. When public reactions move quickly, understanding the law helps people distinguish what feels like hate from what is prosecutable as a hate crime.