When Is Property Damage Considered a Hate Crime in Massachusetts?
Under Massachusetts law, damaging someone’s property becomes a hate crime when it is done to intimidate them because of their identity. To convict someone under this law, the prosecutor must prove two things beyond a reasonable doubt:
- The defendant damaged someone else’s property, and
- The defendant did so with the intent to intimidate the victim because of who they are.
This means the act was motivated by a protected trait like race or gender identity.
What Counts as Property Damage?
Any kind of damage can qualify. The value of the property doesn’t matter either. What matters is that the property belonged to someone else, and the damage was done on purpose. Whether it involves spray-painting a wall or damaging a religious symbol, it still counts.
What Is “Intent to Intimidate” and How Do Jurors Decide?
To intimidate means to make someone feel afraid, threatened, or unwelcome. The law does not require proof that the victim actually felt scared. What matters is whether the person who caused the harm meant to create that fear or discomfort. To decide whether there was intent, jurors look at the full picture. They consider what was said or done, along with any other evidence that might show intent to intimidate.
Who Is Protected Under This Law?
The law protects people from being targeted because of who they are or who they are perceived to be. It applies to the following identity categories:
- Race: This includes traits historically linked to race, such as certain hairstyles or hair textures.
- Disability: A physical or mental condition that substantially limits major life activities. This does not include illegal drug or alcohol use.
- Sexual orientation: This includes heterosexuality, homosexuality, and bisexuality.
- Gender identity: This is how someone understands and experiences their own gender. The law protects that identity, along with the way it’s expressed through appearance or behavior.
- Color
- Religion
- National origin
What If the Victim Isn’t Actually Part of the Group?
That doesn’t matter. The law protects people based on how they are perceived. If someone damages property because they believe the victim belongs to a certain group, the law still applies. For example, if a person thought their neighbor was Jewish and vandalized their home because of it, the law would still apply even if the neighbor was not Jewish.
What If Prejudice Was Only One Reason for the Damage?
Prejudice does not need to be the only motive for the law to apply. The key question is whether bias played any part in the decision to cause harm. Even if other emotions were involved, a bias-based motive, no matter how small, is enough.
What Are the Consequences If Found Guilty?
A person convicted of this offense can face serious penalties. The punishment may include
- A fine of up to $5,000
- Jail time of up to two and a half years
- Or both a fine and jail time
In addition to these penalties, the judge may also order restitution. This means the defendant could be required to pay the victim up to three times the value of the damaged property.
Before you make any decision to talk with a prosecutor, you should contact an experienced criminal defense attorney to assist you. Your attorney will help you navigate these complicated and life-altering negotiations.
IF YOU OR A LOVED ONE NEED CRIMINAL LAW ADVICE, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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