‘Perception’ and ‘bias’ can be factors in proposed state hate crime bill
Jan 13, 2025, 3:36 PM
The Washington State Legislative Building on the Washington State Capitol Campus in Olympia, Washington. (Photo: Julia Dallas, MyNorthwest)
(Photo: Julia Dallas, MyNorthwest)
Several House Democrats are sponsoring an expansion of Washington’s hate crimes laws to include a perpetrator’s perception of the victim’s characteristics, regardless of the victim’s actual attributes.
Under existing Washington law, a hate crime offense occurs when an individual maliciously and intentionally commits certain acts — such as assault, property damage or threats — based on the victim’s race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity or disability.
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HB 1052 proposes to amend this definition to specify that a hate crime can be committed “in whole or in part” due to the perpetrator’s perception of these characteristics and include bias as a motivating factor.
This clarification aims to address scenarios where offenders target individuals based on perceived characteristics, even if their assumptions are incorrect. For example, an attack on someone perceived to belong to a certain religious group would qualify as a hate crime under the proposed law, regardless of the victim’s actual faith.
Advocates for HB 1052 argue the bill will strengthen protections for marginalized communities by ensuring that crimes motivated by bias are appropriately recognized and penalized.
Representative Cindy Ryu, one of the bill’s sponsors, emphasized the importance of addressing crimes rooted in prejudice.
“By clarifying our hate crime statutes, we send a clear message that bias-motivated violence has no place in Washington State,” she said.
The bill has garnered support from various civil rights organizations and community groups who believe it will enhance the state’s ability to prosecute hate crimes effectively. They contend that acknowledging the role of perception in these offenses is crucial, as perpetrators often act on biased assumptions, leading to harm regardless of the victim’s actual identity.
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Hate crime legislation varies significantly across the United States, with differences in protected characteristics, definitions and penalties.
According to the U.S. Department of Justice, most state hate crime laws include crimes committed based on the victim’s perceived or actual race, color, religion, national origin, sexual orientation, gender, gender identity or disability. However, the application of these laws differs state by state.
A study by Florida Atlantic University found that every state legislates hate crimes differently, resulting in differential justice across the nation.
Matt Markovich often covers the state legislature and public policy for KIRO Newsradio. You can read more of Matt’s stories here. Follow him on X, or email him here.
