PL 485.05 Hate crimes Classification varies with specified offense Link to CJI2d
PL §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, 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, 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,  religion,
religious practice, age, disability or sexual orientation of the defend-
ant,  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 endan-
germent in the second degree); section 120.25 (reckless endangerment  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 (sodomy 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 second
degree);  section  135.65 (coercion in the first degree); section 140.10
(criminal trespass in the third degree); section 140.15 (criminal  tres-
pass  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); or any attempt or conspir-
acy 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.
.
Subdivision Elements Lesser included offenses
PL 485.05(1)
  • commits specified offense
  • intentionally selects victim or commits offense in substantial part because of perception or belief regarding a protected attribute of a person, whether or not correct

LIO

Select Specified Offense
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Pleas
Has defendant previously been subjected to a predicate felony conviction (PL 70.06)? Yes No
Sentences
Defendant status is