NY Penal L § 485.05 (2021)
2021 New York Laws PEN - Penal Part 4 - Administrative Provisions Title Y - Hate Crimes Act of 2000 Article 485 - Hate Crimes 485.05 - Hate Crimes.

§ 485.05 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.