Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 4.00 - Hate Crimes › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
The following phrases shall have the following meanings:
Advocacy Organization
: Any non-profit
			or not-for-profit group which represents or serves constituencies targeted in
			hate crimes motivated by the forms of bias enumerated at 501 CMR 4.02(3); or
			gathers information relating to the incidence, circumstances, patterns, causes,
			or nature of hate crimes or incidents or any specific type(s) of hate crimes or
			incidents.
Bias Indicators
: Objective facts,
			circumstances, or patterns attending a criminal act(s) which, standing alone or
			in conjunction with other facts or circumstances, suggest that the offender's
			actions were motivated, in whole or in part, by any form of bias enumerated at
			501 CMR 4.02.
Bias Motive
: Hatred, hostility, or
			negative attitudes towards, or prejudice against, any group or individual on
			account of race, religion, ethnicity, handicap, gender, or sexual orientation,
			which is a contributing factor, in whole or in part, in the commission of a
			criminal act. A bias motive can be inferred from the presence of one or more
			bias indicators. The specific forms of bias covered by the Hate Crimes
			Reporting Act are:
Racial/Ethnic/National Bias
Anti-Black
Anti-White
Anti-Asian
Anti-Hispanic
Anti-Arab
Anti-Other
Racial/Ethnic/National Group
Religious Bias
Anti-Jewish
Anti-Catholic
Anti-Protestant
Anti-Islamic (Moslem)
Anti-Other Religion
Sexual Orientation Bias
Anti-Gay (Male)
Anti-Lesbian
Anti-Other Sexual Orientation
Handicap Bias
Anti-Persons with AIDS
Anti-Physically Disabled
Anti-Mentally Disabled (i.e. Mental illness, mental
			retardation)
Gender Bias
:
Anti-Female
Anti-Male
Anti-Transgender Bias (as further defined by the Governor's
			Task Force on Hate Crimes).
Anti-Transgender Bias is hatred, hostility, or prejudice
			towards a person who, in dress, speech, and general appearance, visibly:
(a) "identifies" with the gender opposite to his or her
			biological or birth gender; or
(b) does not conform to conventional gender role expectations
			for his or her biological or birth gender. Bias is usually attributed to the
			circumstance of traditional gender role conventions being openly violated. This
			bias constitutes gender bias because a "transgender person" is regarded
			differently and less favorably than would a person of the opposite biological
			sex, for engaging in similar conduct.
A bias motive may also consist of an intent to interfere with,
			disrupt, or deprive another person(s) of his/her constitutional rights by
			threats, intimidation, harassment, or coercion.
Hate Crime
:
(a) Any criminal act to which a bias motive is evident as a
			contributing factor, or
(b) Any act which constitutes a violation of:
1. M.G.L. c. 265, § 37 or 39;
2. M.G.L. c. 266, § 127A;
3. M.G.L. c. 272, § 92A.
Hate Crime Report
: An account of a
			hate crime from a law enforcement source received or collected by the Crime
			Reporting Unit.
Hate Group
: An organization, formal or
			informal, which promotes bias, animosity, hostility, or malice against persons
			belonging to a racial, religious, ethnic/national origin, sexual orientation,
			handicap, or gender group (
e.g
. the Ku Klux Klan, American
			Nazi Party,
etc
.).
Hate Incident
: Any act, whether
			consisting of conduct, speech, or expression, to which a bias motive is evident
			as a contributing factor, without regard for whether the act constitutes a
			crime.
Hate Incident Report
: An account of a
			hate incident from a civil rights agency or advocacy organization received or
			collected by the Crime Reporting Unit.