# Stop Hate Crimes Act of 2021

This bill makes it easier for federal prosecutors to charge someone with a hate crime by changing how they have to prove the crime was motivated by bias. Right now, federal law requires prosecutors to prove that bias was the sole or primary reason someone committed a violent crime. This bill loosens that requirement by saying bias only needs to be "a contributory motivating factor"—meaning it just has to be one of the reasons, not necessarily the main reason.

Here's what this means in practical terms: Imagine someone attacks another person because of their race, but also because of a personal argument or dispute over money. Under current law, a prosecutor might struggle to prove it was a hate crime if the personal conflict seemed like an equally important motive. Under this new bill, the prosecutor could charge it as a hate crime as long as they can show that the victim's race was at least part of why the attack happened. The bias doesn't have to be the only reason—just one of the reasons.

The bill applies this same change to hate crimes motivated by someone's color, national origin, religion, gender identity, or sexual orientation. Supporters argue this change makes it fairer to victims of bias-motivated violence by making it simpler to prosecute these crimes. Critics worry it could make it too easy to add hate crime charges and might lead to overreach in prosecutions. Either way, the practical effect is that more crimes could potentially be charged as federal hate crimes, and people convicted under this law could face enhanced penalties compared to regular assault or violence charges.

Stop Hate Crimes Act of 2021

Lieu, Ted

Stop Hate Crimes Act of 2021 This bill lowers the statutory burden of proof for showing intent with respect to a federal hate crime offense. Current law makes it unlawful to willfully cause bodily injury, or attempt to do so using a dangerous weapon, because of the actual or perceived protected characteristic (e.g., race) of a person. In 2014, the U.S. Court of Appeals for the Sixth Circuit held that the because of standard requires proof that a person's actual or perceived protected characteristic was the sole motivating factor in the offense. This bill replaces the because of standard with a new standard. Specifically, willfully causing bodily injury, or attempting to do so using a dangerous weapon, is a hate crime offense if a person's actual or perceived protected characteristic was a contributory motivating factor in the offense.