The Federal Bureau of Investigation (FBI) recently released is 2019 hate crimes statistics, and Maryland had 19 hate crime incidents recorded in 2019. Hate crimes are separated into multiple categories based on the type of incident, location, and agency reporting the crimes. The data was provided by the FBI’s Uniform Crime Reporting (UCR) program.

The hate crimes reported in Maryland in 2019 include:

• 7 reports of hate crimes involving race/ethnicity/ancestry
• 4 reports of hate crimes involving religion
• 7 reports of hate crimes involving sexual orientation
• 1 report of hate crime involving disability

On October 1, 2020, updates to Maryland’s hate laws went into effect. The law no longer requires prosecutors to prove that hate was the only factor in the commission of the crime.

The previous law only applied to a person accused of committing a crime against a group of people or an individual because of their religion, gender, race, disability, sexual orientation, or national origin. The law has since been expanded to include crimes committed either in whole or substantial part because of those factors.

Maryland made other changes to its hate crime law involving the placement of symbols on property. Symbols, such as a swastika or a noose, cannot be placed on property without permission Police officers entering the service will be required to undergo training that helps them spot, report, and respond to hate crimes in Maryland. The same training must be provided to current police officers at least every three years.

Maryland set a dangerous precedent

While advocates certainly cheered when Maryland’s law become more restrictive, but the new laws don’t get to the bottom of hate crimes: they simply make it easier to label people as hateful of bigoted. Aside from the potential Constitutional violations they pose, there is no conclusive evidence to show that hate crime legislation actually deters crime. A person who physically assaults another person has committed a crime (with the possible exception of self-defense) no matter what the reason.

What hate crime legislation does is allow for greater sentencing and fines. This is why, if you have been accused of a bias crime, it is imperative that you seek counsel as quickly as possible. Maryland’s reduced requirements for hate crime charges make it easier to include these enhanced sentences, and you need an attorney who knows how to build a case for your defense in light of the additional charges.

Maryland penalties for hate crimes

Under Maryland law, the penalties you face change based on the specific hate crime you allegedly committed. Regarding damaging property of a religious entity:

1. Except as provided in subsection (b) of this section, a person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
2. A person who violates § 10-304(2)(i) [place or worship] of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
3. A person who violates § 10-304(2)(ii) [a cemetery] of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both.

Charges involving harassment and/or destruction of property “because of another person’s or group’s race, color, religious beliefs, sexual orientation, gender, disability, or national origin, or because another person or group is homeless, a person may not:

• commit a crime or attempt or threaten to commit a crime against that person or group;
  1. deface, damage, or destroy, or attempt or threaten to deface, damage, or destroy the real or personal property of that person or group; or
  2. burn or attempt or threaten to burn an object on the real or personal property of that person or group; or
• commit a violation of item (1) of this section that:
  1. except as provided in item (ii) of this item, involves a separate crime that is a felony; or
  2. results in the death of a victim.

It is also illegal to obstruct someone’s practice of his or her religious beliefs, and to “deface, damage, or destroy, attempt or threaten to deface, damage, or destroy, burn or attempt or threaten to burn an object on, or damage the real or personal property connected to a building” because the owners, leasers, or renters are part of one of the protected classes.

Further, hate crime sentencing could run concurrently or consecutively, meaning you could end up facing significantly more time in jail or prison.

The penalties for conviction of a hate crime are steep. You will need an experienced attorney who can represent you in state or federal court. Contact Carey Law Firm at 301-464-2500 or fill out the contact form to schedule a consultation. We maintain offices in Bowie and Crofton.