Civil RightsCrimes and Penalties

Section § 422.6

Explanation

This law makes it illegal to harm, threaten, or interfere with someone’s rights because of their personal characteristics, like race or religion, either by using force or damaging property. If you're found guilty, you could face up to a year in jail, a $5,000 fine, or both, along with mandatory community service. However, simply speaking offensive words isn’t enough for conviction unless it includes a credible threat of violence to a specific person or group. If your actions also break other laws, you could be charged accordingly, but you can't be punished for the same act under multiple laws.

(a)CA Penal Law Code § 422.6(a) A person, whether or not acting under color of law, shall not, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of a right or privilege secured by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55.
(b)CA Penal Law Code § 422.6(b) A person, whether or not acting under color of law, shall not knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of a right or privilege secured by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55.
(c)CA Penal Law Code § 422.6(c) A person convicted of violating subdivision (a) or (b) shall be punished either by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine, or pursuant to subdivision (h) of Section 1170. In addition to that punishment, the court shall order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than the person’s hours of employment or school attendance. However, a person shall not be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.
(d)CA Penal Law Code § 422.6(d) Conduct that violates this and any other law, including, but not limited to, an offense described in Article 4.5 (commencing with Section 11410) of Chapter 3 of Title 1 of Part 4, may be charged under all applicable provisions. However, an act or omission punishable in different ways by this section and another law shall not be punished under more than one law, and the penalty to be imposed shall be determined as set forth in Section 654.
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Section § 422.7

Explanation

This law section deals with hate crimes in California that aren't punishable by state prison time. If someone commits a hate crime to intimidate or interfere with another person's rights, they could face jail time in a county jail for up to a year, pay a fine up to $10,000, or both. This applies if the crime involves the potential or actual ability to cause violent injury, causes damage to property over $950, or if the person has prior related convictions.

Except in the case of a person punished under Section 422.6, any hate crime that is not made punishable by imprisonment in the state prison shall be punishable by imprisonment in a county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine, if the crime is committed against the person or property of another for the purpose of intimidating or interfering with that other person’s free exercise or enjoyment of any right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States under any of the following circumstances, which shall be charged in the accusatory pleading:
(a)CA Penal Law Code § 422.7(a) The crime against the person of another either includes the present ability to commit a violent injury or causes actual physical injury.
(b)CA Penal Law Code § 422.7(b) The crime against property causes damage in excess of nine hundred fifty dollars ($950).
(c)CA Penal Law Code § 422.7(c) The person charged with a crime under this section has been convicted previously of a violation of subdivision (a) or (b) of Section 422.6, or has been convicted previously of a conspiracy to commit a crime described in subdivision (a) or (b) of Section 422.6.
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Section § 422.8

Explanation

This section means that unless a law specifically states otherwise, the rules in this section do not stop or limit someone from being prosecuted under any other laws.

Except as otherwise required by law, nothing in this title shall be construed to prevent or limit the prosecution of any person pursuant to any provision of law.
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Section § 422.75

Explanation

This law increases prison time for hate crimes. If someone commits or tries to commit a felony hate crime, they could get 1-3 extra years in prison. If they work with others to commit a hate crime, they face 2-4 more years. Using a gun during the crime makes it worse. People with past hate crime convictions get an additional year, but only if other specific laws don't add time already. For these extra sentences to apply, the hate crime must be officially charged and either confessed by the defendant or proven in court. Judges can sometimes opt to remove extra time if there are good reasons, but they must explain why. Any added time is on top of the standard sentence for the crime.

(a)CA Penal Law Code § 422.75(a) Except in the case of a person punished under Section 422.7, a person who commits a felony that is a hate crime or attempts to commit a felony that is a hate crime, shall receive an additional term of one, two, or three years in the state prison, at the court’s discretion.
(b)CA Penal Law Code § 422.75(b) Except in the case of a person punished under Section 422.7 or subdivision (a) of this section, any person who commits a felony that is a hate crime, or attempts to commit a felony that is a hate crime, and who voluntarily acted in concert with another person, either personally or by aiding and abetting another person, shall receive an additional two, three, or four years in the state prison, at the court’s discretion.
(c)CA Penal Law Code § 422.75(c) For the purpose of imposing an additional term under subdivision (a) or (b), it shall be a factor in aggravation that the defendant personally used a firearm in the commission of the offense. Nothing in this subdivision shall preclude a court from also imposing a sentence enhancement pursuant to Section 12022.5, 12022.53, or 12022.55, or any other law.
(d)CA Penal Law Code § 422.75(d) A person who is punished pursuant to this section also shall receive an additional term of one year in the state prison for each prior felony conviction on charges brought and tried separately in which it was found by the trier of fact or admitted by the defendant that the crime was a hate crime. This additional term shall only apply where a sentence enhancement is not imposed pursuant to Section 667 or 667.5.
(e)CA Penal Law Code § 422.75(e) Any additional term authorized by this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(f)CA Penal Law Code § 422.75(f) Any additional term imposed pursuant to this section shall be in addition to any other punishment provided by law.
(g)CA Penal Law Code § 422.75(g) Notwithstanding any other provision of law, the court may strike any additional term imposed by this section if the court determines that there are mitigating circumstances and states on the record the reasons for striking the additional punishment.
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Section § 422.76

Explanation

If someone commits or tries to commit a felony that is considered a hate crime, this fact can be used to increase the severity of their punishment. However, this does not apply if the court has already added extra punishment under Section 422.75 or if the offense falls under Section 1170.8.

Except where the court imposes additional punishment under Section 422.75 or in a case in which the person has been convicted of an offense subject to Section 1170.8, the fact that a person committed a felony or attempted to commit a felony that is a hate crime shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.
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Section § 422.77

Explanation

This law states that violating a protection order from the Civil Code related to hate crimes is a misdemeanor, which can result in fines up to $1,000 or jail time up to six months, or both. For repeat offenders, jail time can increase to one year. When sentencing for repeat offenses, the court may allow the prosecution to present additional evidence. Each county's prosecuting agency is mainly responsible for enforcing these orders. Additionally, a court can require people convicted of hate crimes to complete community service, up to 400 hours, within about a year, and outside of work or school hours.

(a)CA Penal Law Code § 422.77(a) Any willful and knowing violation of any order issued pursuant to subdivision (b) or (c) of Section 52.1 of the Civil Code shall be a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
(b)CA Penal Law Code § 422.77(b) A person who has previously been convicted one or more times of violating an order issued pursuant to subdivision (b) or (c) of Section 52.1 of the Civil Code upon charges separately brought and tried shall be imprisoned in the county jail for not more than one year. Subject to the discretion of the court, the prosecution shall have the opportunity to present witnesses and relevant evidence at the time of the sentencing of a defendant pursuant to this subdivision.
(c)CA Penal Law Code § 422.77(c) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders issued pursuant to Section 52.1 of the Civil Code.
(d)CA Penal Law Code § 422.77(d) The court may order a defendant who is convicted of a hate crime to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than their hours of employment or school attendance.
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Section § 422.78

Explanation

This law states that in each county, the main responsibility for enforcing certain legal orders falls to the prosecuting agency. These orders can be from this title or related to civil rights violations as mentioned in Section 52.1 of the Civil Code.

The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders issued pursuant to this title or Section 52.1 of the Civil Code.
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Section § 422.85

Explanation

If someone is convicted of a crime committed because of the victim's race, gender, sexual orientation, or other personal attributes, the court must typically issue an order to protect the victim and their family from further harm or harassment by the offender. This might include a restraining order or stay-away conditions.

The offender may also be required to complete sensitivity training, make payments to community services for hate crime victims, or reimburse the victim for counseling and other related costs. These payments come after any required restitution is complete.

(a)CA Penal Law Code § 422.85(a) In the case of any person who is convicted of any offense against the person or property of another individual, private institution, or public agency, committed because of the victim’s actual or perceived race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, gender identity, gender expression, or sexual orientation, including, but not limited to, offenses defined in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate crime, the court, absent compelling circumstances stated on the record, shall make an order protecting the victim, or known immediate family or domestic partner of the victim, from further acts of violence, threats, stalking, or harassment by the defendant, including any stay-away conditions the court deems appropriate, and shall make obedience of that order a condition of the defendant’s probation. In these cases the court may also order that the defendant be required to do one or more of the following as a condition of probation:
(1)CA Penal Law Code § 422.85(a)(1) Complete a class or program on racial or ethnic sensitivity, or other similar training in the area of civil rights, or a one-year counseling program intended to reduce the tendency toward violent and antisocial behavior if that class, program, or training is available and was developed or authorized by the court or local agencies in cooperation with organizations serving the affected community.
(2)CA Penal Law Code § 422.85(a)(2) Make payments or other compensation to a community-based program or local agency that provides services to victims of hate violence.
(3)CA Penal Law Code § 422.85(a)(3) Reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s acts.
(b)CA Penal Law Code § 422.85(b) Any payments or other compensation ordered under this section shall be in addition to restitution payments required under Section 1203.04, and shall be made only after that restitution is paid in full.
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Section § 422.86

Explanation

This law sets the main goals for sentencing individuals who commit hate crimes in California. These goals include punishing offenders, preventing future crimes and violence (including in prisons), and helping both the victims directly affected by hate crimes and the broader communities impacted. Additionally, it requires the Judicial Council to create guidelines for sentencing in hate crime cases, consulting with experts and victim representatives to ensure the rules align with these goals.

(a)CA Penal Law Code § 422.86(a) It is the public policy of this state that the principal goals of sentencing for hate crimes, are the following:
(1)CA Penal Law Code § 422.86(a)(1) Punishment for the hate crimes committed.
(2)CA Penal Law Code § 422.86(a)(2) Crime and violence prevention, including prevention of recidivism and prevention of crimes and violence in prisons and jails.
(3)CA Penal Law Code § 422.86(a)(3) Restorative justice for the immediate victims of the hate crimes and for the classes of persons terrorized by the hate crimes.
(b)CA Penal Law Code § 422.86(b) The Judicial Council shall develop a rule of court guiding hate crime sentencing to implement the policy in subdivision (a). In developing the rule of court, the council shall consult experts including organizations representing hate crime victims.
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Section § 422.865

Explanation

This law section outlines specific conditions for individuals committed to a state hospital or treatment facility after committing an offense because of a victim's race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, or sexual orientation. If such a person is released on outpatient status or conditional release, the court or program director may require them to complete classes or counseling related to racial or ethnic sensitivity and civil rights. This education is aimed at reducing violent or antisocial behavior. Additionally, the court must make an order protecting the victim or their family from further harm by the defendant, unless compelling reasons prevent it, and this protection is a condition for the defendant's release.

Furthermore, the law encourages state agencies and treatment facilities to develop programs that educate and prevent hate crimes and civil rights violations.

(a)CA Penal Law Code § 422.865(a) In the case of any person who is committed to a state hospital or other treatment facility under the provisions of Section 1026 for any offense against the person or property of another individual, private institution, or public agency because of the victim’s actual or perceived race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, or sexual orientation, including, but not limited to, offenses defined in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate crime, and then is either placed on outpatient status or conditional release from the state hospital or other treatment facility, the court or community program director may order that the defendant be required as a condition of outpatient status or conditional release to complete a class or program on racial or ethnic sensitivity, or other similar training in the area of civil rights, or a one-year counseling program intended to reduce the tendency toward violent and antisocial behavior if that class, program, or training is available and was developed or authorized by the court or local agencies in cooperation with organizations serving the affected community.
(b)CA Penal Law Code § 422.865(b) In the case of any person who is committed to a state hospital or other treatment facility under the provisions of Section 1026 for any offense against the person or property of another individual, private institution, or public agency committed because of the victim’s actual or perceived race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, or sexual orientation, including, but not limited to, offenses defined in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate crime, and then is either placed on outpatient status or conditional release from the state hospital or other treatment facility, the court, absent compelling circumstances stated on the record, shall make an order protecting the victim, or known immediate family or domestic partner of the victim, from further acts of violence, threats, stalking, or harassment by the defendant, including any stay-away conditions as the court deems appropriate, and shall make obedience of that order a condition of the defendant’s outpatient status or conditional release.
(c)CA Penal Law Code § 422.865(c) It is the intent of the Legislature to encourage state agencies and treatment facilities to establish education and training programs to prevent violations of civil rights and hate crimes.
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