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

2. 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.

3. Priorities of the FBI

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

5. 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.”

6. FBI Hate Crime Cases
Cases by Bias

7. Hate Crime or Free Speech?

8. 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

9. 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

10. 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)

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

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

13. Federal Hate Crime?
Hate Crime
Not Hate Crime

14. Federal Hate Crime?
Hate Crime
Not Hate Crime

15. 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

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

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

18. 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

19. 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.

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

21. Questions?