Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 4.00 - Hate Crimes › Section 4.04 - Bias Indicators

Current through Register 1525, July 5, 2024
(1) The following
		  criteria can assist law enforcement officers in determining whether a
		  particular crime should be classified as a hate crime. These criteria are not
		  all inclusive, and each case must be examined on its own facts and
		  circumstances. Common sense judgment should also be applied in making the
		  determination whether a crime should be classified as a hate crime.
(a) The offender and the victim were of
		  different racial, religious, ethnic/national origin, handicap, gender or sexual
		  orientation groups. For example, the victim was black and the offenders were
		  white.
(b) Bias-related oral
		  comments, written statements, or gestures were made by the offender which
		  indicate his/her bias. For example, the offender shouted a racial or anti-gay
		  epithet at the victim or made an abusive or pejorative reference based on
		  gender.
(c) Bias-related drawings,
		  markings, symbols, or graffiti were left at the crime scene. For example, a
		  swastika was painted on the door of a synagogue.
(d) Certain objects, items, or things which
		  indicate bias were used (e.g., the offenders wore white sheets and white hoods)
		  or left behind by the offenders(s) (e.g., a burning cross was left in front of
		  the victim's residence).
(e) The
		  victim is a member of a racial, religious, ethnic/national origin, handicap,
		  gender or sexual orientation group which is overwhelmingly outnumbered by
		  members of another group in the area where the victim lives or works and the
		  incident took place.
(f) The victim
		  was visiting a location where previous hate crimes had been committed against
		  other members of his/her racial, religious, ethnic/national origin, handicap,
		  gender or sexual orientation group and where tensions remain high against
		  his/her group.
(g) Several
		  incidents have occurred in the same locality, at or about the same time, and
		  the victims are all of the same racial, religious, ethnic/national origin,
		  handicap, gender or sexual orientation group.
(h) Victims or witnesses perceive that the
		  incident was motivated by bias.
(i)
		  The victim was engaged in activities promoting a racial, religious,
		  ethnic/national origin, handicap, gender or sexual orientation group. For
		  example, the victim is a member of the NAACP, participated in gay rights
		  demonstrations, etc.
(j) The
		  incident coincided with a holiday relating to or a date of particular
		  significance to, a racial, religious, ethnic/national origin, handicap, gender
		  or sexual orientation group (e.g., Martin Luther King Day, Rosh Hashanah,
		  Gay/Lesbian Pride Day, etc.).
(k)
		  The offender was previously involved in a similar hate crime or is a member of,
		  or associates with, a hate group.
(l) There were indications that a hate group
		  was involved. For example, a hate group claimed responsibility for the crime or
		  was active in the neighborhood.
(m)
		  A historically established animosity exists between the victim's
		  ethnic/national/religious group and the offender's ethnic/national/religious
		  group.
(n) The victim, although not
		  a member of the targeted racial, religious, ethnic/national origin, handicap,
		  gender or sexual orientation group, is a member of an advocacy group supporting
		  the precepts of the victim group, or is friendly with members of a victim
		  group.
(o) The victim was in or
		  near an area or place commonly associated with or frequented by a particular
		  racial, religious, ethnic/national origin, handicap, gender or sexual
		  orientation group (e.g., a gay bar).
(p) There was no clear economic motive for an
		  assault and battery.
(q) The victim
		  was in the company of, or married to, a member of a targeted group.
(r) The victim has received harassing mail or
		  phone calls or has been victim of verbal abuse based on his/her affiliation
		  with a targeted group.
(s) The
		  victim was perceivable by the offender as violating or breaking from role
		  conventions or stereotypes, or working in non-traditional employment.
(t) The crime involved extreme mutilation,
		  cruelty, or brutality.
(u) The
		  offender has been subject to M.G.L. c. 209A restraining orders against two or
		  more different women.
(v) The
		  offender has a history of previous crimes with a similar modus operandi, and
		  there have been multiple victims of the same racial, religious, ethnic/national
		  origin, handicap, gender or sexual orientation group.