New Zealand Human Rights Commission: Te Kähui Tika Tangata The Violent Interference with Federally Protected Rights legislation makes it a crime to use or threaten to use force to wilfully interfere with a person’s participation in a federally protected activity because of race, colour, religion, or national origin. Federally protected activities include public education, employment, jury service, travel, or the enjoyment of public accommodations. Under this statute, it is also a crime to use or threaten to use force against those who are assisting and supporting others in participating in these federally protected activities.214 The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 was the first statute allowing federal criminal prosecution of hate crimes motivated by the victim’s actual or perceived sexual orientation or gender identity.215 The Act makes it a federal crime to wilfully cause bodily injury, or attempt to do so using a dangerous weapon, because of the victim’s actual or perceived race, colour, religion, or national origin. The Act also covers crimes committed because of the actual or perceived religion, national origin, sexual orientation, gender, gender identity, or disability of any person, if the crime affected interstate or foreign commerce or occurred within federal special maritime or territorial jurisdiction. The Conspiracy Against Rights statute makes it unlawful for two or more persons to conspire to injure, threaten, or intimidate a person in any state, territory, or district in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or the laws of the United States.216 Punishment for violations includes a fine and/or imprisonment for a maximum of 10 years. The law provides greater punishment to violators if their acts result in death (or an attempt to kill) or include kidnapping (or an attempt to kidnap) or aggravated sexual abuse (or an attempt to commit aggravated sexual abuse). Under such heightened circumstances, offenders may face life imprisonment or the death penalty.217 The Deprivation of Rights Under Color of Law legislation makes it a crime for “any person acting under color of any law, statute, ordinance regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.”218 Federal civil rights prosecutions against state actors (e.g., law enforcement) are usually conducted pursuant to this statute. Many American states specifically make provision for sentence aggravation and collection of hate crime data.219 Most states and United States territories have hate crime statutes that are enforced by state and local law enforcement in state and local courts. Hate crime laws in states and territories vary widely across jurisdictions:220 • Bias motivations: Different jurisdictions define hate crimes to include different bias motivations. • Penalty enhancements: Laws in some jurisdictions increase the sentence for crimes motivated by identified factors. At least 46 states and the District of Columbia have statutes with penalties for biasmotivated crimes. • Data collection: Some jurisdictions require collecting data on hate crimes. Data provides better transparency into crimes that are occurring and can help states allocate support and resources to communities in greatest need. Even if a state or territory does not have a hate crimes law, hate crimes can still be reported to the Federal Bureau of Investigation. Violent Interference with Federally Protected Rights 18 USC § 245. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 18 USC § 249. 216 Conspiracy Against Rights 18 USC § 241. 217 Alison M. Smith, “Overview of Selected Federal Criminal Civil Rights Statutes”, above n 9, at 2. 218 Deprivation of Rights Under Color of Law 18 USC §242. 219 Anti-Defamation League Washington Office, Anti-Defamation League State Hate Crime Statutory Provisions, (April 2018), <www.adl.org>. 220 The United States Department of Justice “Federal Laws and Statutes”, above n 10. 214 215 38