California hate crime law prohibits the use of force or threat of force by an individual in order to intimidate, interfere with, oppress, or threaten any other person in the exercise or enjoyment of any right or privilege secured to him by the U.S. Constitution or laws of California or the United States because of the victims actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender or disability.
California law provides for an increased sentence of one to four years in state prison if the underlying criminal act or attempted criminal act is substantially motivated by the victims actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender or disability.
The Office of the Orange County District Attorney is committed to the prosecution of hate crimes that strike to the core of our society because everyone should be treated fairly, equally, and not discriminated against. Education is also an important component of these types of cases.
All potential cases are referred to a designated deputy district attorney in the Special Prosecutions Unit. This prosecutor is an expert in this field and will vigorously prosecute all hate crimes when there is sufficient evidence to prove the legal elements of this crime. He or she handles the case during all stages of prosecution from filing through trial/plea and sentencing. He or she also closely coordinates these matters with the California Department of Justice and the Orange County Human Relations Commission.
Penalties and punishments for those convicted of hate crimes may include: serving jail or prison sentences, paying restitution to the victim, complying with all of the restrictions and supervisory terms of probation, and participating in mandatory tolerance training and/or psychological counseling. Although we cannot change peoples hearts, we have found that education is an important component in the rehabilitation of the perpetrator.
