Todd Hemmen Supervisory Special Agent FBI San Diego Federal Hate Crimes Todd Hemmen Supervisory Special Agent FBI San Diego

FBI Civil Rights Program (CRP) Mission The mission of the FBI’s CRP is to enforce Federal Civil Rights statutes and to ensure that the protected rights of all persons are not violated.

Priorities of the FBI

CRP Sub-Programs Hate Crimes (14%) Color of Law (38%) Freedom of Access to Clinic Entrances Act (FACE Act) (1%) Human Trafficking (47%)

Hate Crime Definition A hate crime is “a criminal offense against a person or property motivated in whole or in part by the individual’s bias against a race, religion, disability, ethnic/national origin, sexual orientation, gender, or gender identity.”

FBI Hate Crime Cases Cases by Bias

Hate Crime or Free Speech?

Free Speech Non-threatening hate conduct is protected by the First Amendment: Organizing a gathering to promote hate Circulating offensive materials Posting bigoted views online

True Threats The First Amendment does not protect threats The Supreme Court defines a true threat as: A serious communication of an intent to commit an act of unlawful violence against an individual or group. Protection from fear of violence Protection from possibility that threatened violence will occur UNCLASSIFIED//FOR OFFICIAL USE ONLY//LAW ENFORCEMENT SENSITIVE

True Threats It is merely “political hyperbole” A comment is NOT a true threat if: It is merely “political hyperbole” It threatens financial (or emotional) harm, but not bodily harm It is merely offensive (no matter HOW offensive)

True Threats A True Threat puts the recipient in fear of bodily harm

True Threats You do not have to consider: Intent or ability to carry out the threat Instability or irrationality of the defendant

Federal Hate Crime? Hate Crime Not Hate Crime

Federal Hate Crime? Hate Crime Not Hate Crime

Hate Crimes Statutes Title 18 USC § 245-Federally Protected Activities Title 18 USC § 247-Church Arson Prevention Act Title 18 USC § 249-Hate Crimes Prevention Act Title 42 USC § 3631-Fair Housing Act

Landmark Hate Crime Case James Byrd, Jr. June 7, 1998 – Jasper, TX

Landmark Hate Crime Case Matthew Shepard October 6, 1998 – Laramie, WY

Title 18 U.S.C. § 249 Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 Part I - (a)(1): Prohibits causing bodily injury (or attempting to do so) because of actual or perceived: Race Color Religion National origin

Title 18 U.S.C. § 249-Cont’d Part II - (a)(2): Prohibits causing bodily injury (or attempting to do so using fire, a firearm, or dangerous weapon) because of actual or perceived: - Religion - Sexual Orientation - Gender identity - Gender - National Origin - Disability The crime must affect interstate commerce.

How does the FBI get involved? Public Complaints/Tips Referrals from DOJ or USAO Hate Crime Working Groups Media Collaboration with LE Partners

Questions?