New York Man Accused Of Hate Crime For Rant On Train

One man’s alleged “rant” has led to a hate crime charges to be filed against him in New York in May, as well as one count of second-degree aggravated harassment. Cases like these are important to follow in order to understand where state law draws the line in terms of free speech and hate crimes/harassment. In New York, both crimes come with a $1,000 fine and spending up to a year in jail

The Law In New York

Under New York’s penal code laws, a person commits a hate crime when they commit (or intend to commit, in whole or substantial part) a specified offense and intentionally select their victim based on ancestry, age, color, disability, gender, national origin, race, religion, religious practice, or sexual orientation. Under the law, offenses covered include:

• aggravated assault against someone who is less than eleven years old;
• aggravated harassment in the second degree;
• aggravated sexual abuse in the first or second degree;
• arson in the second, third, or fourth degree;
• assault in the first, second, or third degree;
• burglary in the first or second degree;
• coercion in the first or second degree;
• criminal mischief in the second, third, or fourth degree;
• criminal sexual act in the first degree;
• criminal trespass in the first, second, or third degree;
• grand larceny in the first, second, third, or fourth degree;
• harassment in the first degree;
• kidnapping in the first or second degree;
• manslaughter in the first or second degree;
• menacing in the first, second, or third degree;
• petit larceny;
• rape in the first degree;
• reckless endangerment in the first or second degree;
• robbery in the first, second, or third degree;
• sexual abuse in the first degree
• stalking in the second, third or fourth degree;
• strangulation in the first or second degree;
• unlawful imprisonment in the first or second degree; or
• any attempt or conspiracy to commit any of the foregoing offenses.

In addition, the federal Hate Crimes Prevention Act criminalizes willfully causing bodily injury or attempting to do so when the crime was color, disability, gender, national origin, race, religion, gender identity, or sexual orientation.

Where Do You Draw the Line? Contact A New York Criminal Defense Lawyer

While most people would agree that there is a noticeable difference between free speech and threatening language, at the same time, proving hate crimes can also be difficult for prosecutors because they effectively have to demonstrate bias, which can be just as difficult to prove as intent.

If you or a loved one has been accused of a hate crime in New York or New Jersey, contact our experienced criminal defense attorneys at the office of Phillip J. Murphy today for a free consultation to find out how we can help.

Resource:

theroot.com/ranting-racist-on-new-york-train-receives-hate-crime-ch-1826285617