A Brief Guide to Hate Crimes
How to Protect Yourself and Your Community
COUNTY OF MONTEREY THE OFFICE OF THE DISTRICT ATTORNEY JEANNINE M. PACIONI
Our Commitment
It is the commitment of the Monterey County District Attorney’s Office to safeguard the rights of all individuals irrespective of their disability, gender, nationality, race or ethnicity, religion, sexual orientation, and/or association with a person or group with one or more of these actual or perceived characteristics. Any acts or threats of violence, property damage, harassment, intimidation, or other crimes motivated by hate or bias should be viewed very seriously and given high priority.
This commitment demonstrates how the Monterey County District Attorney’s Office Bureau of Investigations may best use its resources to investigate and solve an offense, in addition to building community trust and increasing police legitimacy.
What is a hate crime?
“Hate crime” means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: disability, gender, nationality, race or ethnicity, religion, sexual orientation, or who associates with a person or group with one or more of these actual or perceived characteristics.
Who can be a victim of a hate crime?
A victim is any person who is threatened or injured or has his/her property damaged because of their race, color, religion, ancestry, national origin, disability, gender or sexual orientation. However, a victim may also be threatened or injured because the perpetrator perceives the victim to be of a certain race, color, religion, ancestry, national origin, disability, gender or sexual orientation.
A victim may also be a public agency or private institution if property damage occurs because the public agency or private institution is identified or associated with a person or group of identifiable race, color, religion, nationality, country of origin, ancestry, gender, disability, or sexual orientation.
Do you believe you are the victim of a hate crime?
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Call the police immediately.
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Seek medical attention, if needed.
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Document the details about the incident which may be helpful to responding officers/deputies.
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Photograph any damage to property.
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Save any evidence which might assist in the apprehension and prosecution of the perpetrator
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Obtain name(s) and contact information of any other victims and/or witnesses.
You do not need to reveal your sexual orientation, religious preference, or national origin in order to prosecute a hate crime.
California Civil Remedies
You have certain rights under the California Constitution’s Victim Bill of Rights. You may be entitled to information about the prosecution of the perpetrator, and you have the right to present a victim impact statement at the time of sentencing.
You may be entitled to restitution for any loss, damage, or injury that you may incur.
You are also protected under the Ralph Act and the Bane Act. Under these laws, a court may award money to you. The court may require the person who has violated your rights to pay a civil penalty to you, money to compensate you for the harm you actually suffered, and/ or an additional amount of money designated to punish the person and to deter future violations of these laws.
The court may also issue a restraining order or other injunctive order to protect you from further harm and may order the person who has harmed you to pay your attorney’s fees if you have hired an attorney.
California Hate Crimes
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P.C. 190.2 (a)(16) - Special Circumstances for Imposition of Death Penalty or Life Without Parole if the victim was intentionally killed because of race, color, religion, nationality or country of origin
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P.C. 190.03(a) - Special Circumstances for Life without Possibility of Parole if the victim was intentionally killed because of their disability, gender or sexual orientation or a perception they have one of those characteristics
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P.C. 302 - Disorderly conduct at Church Service (Misdemeanor)
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P.C. 422.6 - Use of Force, Threats or Destruction of Property to Interfere with Another’s Exercise of Civil Rights (Misdemeanor)
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P.C. 422.7 Commission of Crime for Purpose of Interfering with Another’s Exercise of Civil Rights (Felony)
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P.C. 422.9 - Violation of Civil Order (Bane Act) Protecting Exercise of Civil Rights (Misdemeanor)
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P.C. 422.75 - Enhancement for felony committed because of victim’s race, color, religion, nationality, country of origin, ancestry, disability, gender or sexual orientation (1-3 years prison)
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P.C. 594.3 - Vandalism, Place of Worship or cemetery (Felony)
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P.C. 640.2 - Placing Handbill, Notice or Advertisement on Consumer Product or Product or Package without authorization (Misdemeanor)
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P.C. 11411 - Terrorizing (e.g., placing Nazi swastika on private property or burning a cross on private property) (Misdemeanor)
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P.C. 11412 - Religious Terrorism (Felony)
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P.C. 11413 - Use of Explosives in Acts of Terrorism in Specified Places (e.g., health facility, church, temple) (Felony)
If the crime offense was not committed because of a bias, an appropriate criminal charge may still be filed. No person shall be convicted of a hate crime based on speech alone unless it is a specific threat of violence and the person had the apparent ability to carry out the threat.
Law enforcement Directory
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Monterey County District Attorney
(831) 755-5070
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Victims Services Unit
(831) 755-5072
Local Police Agencies Non-Emergency Line
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California Highway Patrol
(831) 770-8000
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California Highway Patrol
(831) 770-8000
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Carmel Police Department
(831) 624-6403
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Del Rey Oaks Police Department
(831) 394-9333
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Gonzales Police Department
(831) 675-5010
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Greenfield Police Department
(831) 674-5111
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King City Police Department
(831) 385-4848
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California State University of Monterey Bay
(831) 655-0268
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Monterey Police Department
(831) 646-3914
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Pacific Grove Police Department
(831) 648-3143
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Presidio of Monterey
(831) 242-7851
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Marina Police Department
(831) 884-1210
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Monterey County Sheriff
(831) 755-3722
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Salinas Police Department
(831) 758-7321
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Sand City Police Department
(831) 394-1451
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Seaside Police Department
(831) 394-6811
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Soledad Police Department
(831) 223-5120
If you believe you are the victim of a hate crime, contact your local Police Department or Sheriff’s Department immediately.
In the event of an emergency, call 9-1-1
COUNTY OF MONTEREY THE OFFICE OF THE DISTRICT ATTORNEY JEANNINE M. PACIONI
MAIN OFFICE:
142 W. ALISAL STREET, SUITE A SALINAS, CA 93901
MONTEREY OFFICE:
1200 AGUAJITO ROAD, ROOM 301 MONTEREY, CA 93940
KING CITY OFFICE:
250 FRANCISCAN WAY KING CITY, CA 93960
PHONE:
(831) 755-5070 FAX: (831) 755-5068
WEBSITE:
https://www.countyofmonterey.gov
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