N.Y. Penal Law § 485.05 : PENAL — ADMINISTRATIVE PROVISIONS — HATE CRIMES ACT OF 2000 — HATE CRIMES — Hate crimes
1. A person commits a hate crime when he or she commits a specified offense and either:
(a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or
(b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.
2. Proof of race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of the defendant, the victim or of both the defendant and the victim does not, by itself, constitute legally sufficient evidence satisfying the people's burden under paragraph (a) or (b) of subdivision one of this section.
3. A "specified offense" is an offense defined by any of the following provisions of this chapter: section
120.00 (assault in the third degree); section
120.05 (assault in the second degree); section
120.10 (assault in the first degree); section
120.12 (aggravated assault upon a person less than eleven years old); section
120.13 (menacing in the first degree); section
120.14 (menacing in the second degree); section
120.15 (menacing in the third degree); section
120.20 (reckless endangerment in the second degree); section
120.25 (reckless endangerment in the first degree); section
121.12 (strangulation in the second degree); section
121.13 (strangulation in the first degree); subdivision one of section
125.15 (manslaughter in the second degree); subdivision one, two or four of section
125.20 (manslaughter in the first degree); section
125.25 (murder in the second degree); section
120.45 (stalking in the fourth degree); section
120.50 (stalking in the third degree); section
120.55 (stalking in the second degree); section
120.60 (stalking in the first degree); subdivision one of section
130.35 (rape in the first degree); subdivision one of section
130.50 (criminal sexual act in the first degree); subdivision one of section
130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section
130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdivision one of section
130.70 (aggravated sexual abuse in the first degree); section
135.05 (unlawful imprisonment in the second degree); section
135.10 (unlawful imprisonment in the first degree); section
135.20 (kidnapping in the second degree); section
135.25 (kidnapping in the first degree); section
135.60 (coercion in the third degree); section 135.61 (coercion in the second degree); section
135.65 (coercion in the first degree); section
140.10 (criminal trespass in the third degree); section
140.15 (criminal trespass in the second degree); section
140.17 (criminal trespass in the first degree); section
140.20 (burglary in the third degree); section
140.25 (burglary in the second degree); section
140.30 (burglary in the first degree); section
145.00 (criminal mischief in the fourth degree); section
145.05 (criminal mischief in the third degree); section
145.10 (criminal mischief in the second degree); section
145.12 (criminal mischief in the first degree); section
150.05 (arson in the fourth degree); section
150.10 (arson in the third degree); section
150.15 (arson in the second degree); section
150.20 (arson in the first degree); section
155.25 (petit larceny); section
155.30 (grand larceny in the fourth degree); section
155.35 (grand larceny in the third degree); section
155.40 (grand larceny in the second degree); section
155.42 (grand larceny in the first degree); section
160.05 (robbery in the third degree); section
160.10 (robbery in the second degree); section
160.15 (robbery in the first degree); section
240.25 (harassment in the first degree); subdivision one, two or four of section
240.30 (aggravated harassment in the second degree); section
490.10 (soliciting or providing support for an act of terrorism in the second degree); section
490.15 (soliciting or providing support for an act of terrorism in the first degree); section
490.20 (making a terroristic threat); section
490.25 (crime of terrorism); section
490.30 (hindering prosecution of terrorism in the second degree); section
490.35 (hindering prosecution of terrorism in the first degree); section
490.37 (criminal possession of a chemical weapon or biological weapon in the third degree); section
490.40 (criminal possession of a chemical weapon or biological weapon in the second degree); section
490.45 (criminal possession of a chemical weapon or biological weapon in the first degree); section
490.47 (criminal use of a chemical weapon or biological weapon in the third degree); section
490.50 (criminal use of a chemical weapon or biological weapon in the second degree); section
490.55 (criminal use of a chemical weapon or biological weapon in the first degree); or any attempt or conspiracy to commit any of the foregoing offenses.
4. For purposes of this section:
(a) the term "age" means sixty years old or more;
(b) the term "disability" means a physical or mental impairment that substantially limits a major life activity;
(c) the term "gender identity or expression" means a person's actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.
N.Y. Penal Law § 485.05
Amended by New York Laws 2020, ch. 55,Sec. R-3, eff. 11/1/2020.
Amended by New York Laws 2019, ch. 8,Sec. 20, eff. 11/1/2019.
Amended by New York Laws 2018, ch. 55,Sec. NN-9, eff. 11/1/2018.