Tempe Hate Crime Information & Statistics

WHAT IS A HATE CRIME?

According to federal law a crime is considered a hate crime if the offender was motivated to commit the crime based upon the   victim's:

·         Race

·         Religion

·         Disability

·         Sexual orientation

·         Ethnicity or National Origin

National hate crime statistics have been collected since 1990 when the United States Congress enacted the Hate Crime Statistics Act of 1990.  The US Attorney General established guidelines and collects hate crime data as part of the Uniform Crime Reporting (UCR) program, including crimes motivated by the victim's race, religion, sexual orientation or ethnicity.  The law was amended in 1994 by the Violent Crime Control and Law Enforcement Act to include physical and mental disabilities.

Hate crimes are not the same as discrimination against an individual.  If an offender is motivated by a characteristic of the victim that is not in the list of protected classes (such as the victim's socio-economic status) the crime will not be considered a hate crime.

 Furthermore, to be considered a hate crime for UCR purposes, the crime must be one of the following:

·         Homicide

·         Sexual Assault

·         Robbery

·         Assault

·         Burglary

·         Theft

·         Motor Vehicle Theft

·         Arson

·         Threats or Intimidation

·         Criminal Damage 

UCR Hate Crime statistics for the United States can be found at http://www.fbi.gov/ucr/ucr.htm#hate

HOW ARE HATE CRIMES PROSECUTED IN ARIZONA?

Arizona does not have a separate law making "hate crimes" a new or separate offense.  However, when a defendant is sentenced the court will take into consideration whether they committed the crime out of malice towards the victim's actual or perceived identity as member of a particular race, color, religion, national origin, sexual orientation, gender or disability.  If the defendant was motivated by bias against any of these protected classes the court can add up to 10 years to an offender’s sentence.  (if you would like additional information about this please refer to Arizona Revised Statutes 13-702.C.15 and 41.1750.A.3).

WHAT CAN YOU DO IF YOU BELIEVE YOU HAVE BEEN THE VICTIM OF DISCRIMINATION THAT IS NOT A ‘HATE CRIME’?

 There are several forms of discrimination that do not fit the definition of a hate crime, including voting, and employment or housing discrimination.  Local law enforcement agencies do not investigate these types of incidents. 

Many forms of civil discrimination are investigated by the Arizona State Attorney Generals Office, who can be contacted at:

·        602.542.5025, or 800.352.8431 (toll free)

·        or on the web at http://www.azag.gov/

Employment discrimination questions can be directed to the United States Equal Employment Opportunity Commission at:

·        1.800.669.4000

·        or on the web at http://www.eeoc.gov

Housing discrimination questions can be directed to the City of Tempe Housing Services Division at:

http://www.tempe.gov/housing/Fair%20Housing/fairhousing.htm

There are also a number of private organizations, like the ones listed below, that assist individuals concerned with personal discrimination. 

·        American Jewish Committee - www.ajc.org

·        Chicanos Por La Causa - www.cplc.org

   National Association for the Advancement of Colored People - www.naacp.org

The following statistics are produced annually and are determined using FBI guidelines. The 2008 figures are through March.