Hate crimes
A hate crime is a crime against a victim who is selected because of bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender, or sexual orientation. Hate crimes include offenses such as murder, assault, kidnapping, arson, criminal mischief and graffiti.
A judge may decide that a defendant has committed his or her offense out of bias or prejudice against the victim. The judge may:
- enhance (increase) penalties once the offender has been found to have targeted a victim on the basis of prejudice.
- order the offender to attend an educational program to further tolerance and acceptance of others.
Enhancement of penalties for hate crimes
The judge may increase the penalty one level, from 2nd degree felony to first degree, or from Claa B misdemeanor to Class A misdemeanor.
If an individual burned down a church because of a hatred for that religion or the congregation's race, the penalty would be upgraded from a second-degree to a first-degree felony.
Two exceptions: if the crime is punishable as a first-degree felony, there is no higher enhancement provided; when the offense is a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days.
Targeting a victim because of bias or prejudice may result in higher penalties and longer jail time.
The Texas Penal Code has additional provisions that enhance punishments for certain crimes if they are committed at certain locations. In these cases, no finding of bias is required for the enhancement of punishment to occur.
Criminal mischief is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument or a community center and the damage is less than $20,000. Damage above $20,000 results in a higher penalty range.
Graffiti is a state jail felony if the damage or destruction is inflicted on a school, an institution of higher education, place of worship or human burial, a public monument, or a community center and the damage is less than $20,000. Damage above $20,000 results in a higher penalty range.
Preventing hate crimes
Students Taking Action for Respect (STAR) is a growing community of more than 300 youth leaders who promote positive youth development and awareness of sexual harassment and assault to their peers in schools and community groups.
Take a Stand! Do not accept negative prejudices and stereotypes as a joke. Refuse to go along with the crowd. Take action to prevent hate crimes and celebrate diversity in your neighborhood.
Strategies for reducing bias in schools and communities include:
Anger Management: Anger is a normal emotion, but when it goes too far and turns into hurtful words or violent actions it is too late. Learn to express your frustrations before they become anger. Avoid violence by channeling anger into positive action and good communication. Stop and think before you act.
Character Education: Work to create and support a positive environment on campus and in your community. Don't accept bad behavior and work with your friends to promote positive values and actions.
Community Service: Don't talk about making a change, do something. Get involved in your community and break down cultural, ethnic or social barriers. Increase your connection to your community one person at a time.
Conflict Resolution: Work out problems before they fester and somebody gets hurt. Explore ways to work through a conflict through managing anger, improving communication and negotiation skills, and developing empathy for others.
Media Literacy: Just because you see it on television or the internet doesn't' make it true. Pay attention to negative stereotypes or bias in what you watch, read or listen to. You face a vast array of media images and messages, make your own value judgments without being influenced by what other people tell you.
Celebrate Diversity in Your Community
Attend or volunteer for celebrations of diversity in your community. Select a day recognized by our nation or Texas such as Martin Luther King, Jr. Day 
(January) or Cesar Chavez Day (March 31st).
You can do this as a class, in small groups or individually. You can contact community agencies, volunteers and local leaders to find out what events are planned.
A service project plan could be developed, described in writing, and submitted to the teacher for approval. Sample projects include:
- Remove graffiti from a building
- March in a parade and/or attend a community celebration
- Serve meals at a homeless shelter
- Organize a school celebration in observation of the chosen day
- Volunteer at any service organization in the community
