Definitions - Civil Rights - Penal Law - CA

Section § 422.55

This section defines what is considered a 'hate crime' in California. Essentially, a hate crime is any criminal act done partly or entirely due to certain characteristics of the victim. These characteristics include disability, gender, nationality, race or ethnicity, religion, sexual orientation, and any association with a person or group having these traits. The definition also includes violations of another specific law section (422.6), but is not limited to it. This definition applies broadly unless another law specifically states otherwise or the situation clearly calls for a different meaning.

For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply:

(a) “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:

(1) Disability.

(2) Gender.

(3) Nationality.

(4) Race or ethnicity.

(5) Religion.

(6) Sexual orientation.

(7) Association with a person or group with one or more of these actual or perceived characteristics.

(b) “Hate crime” includes, but is not limited to, a violation of Section 422.6.

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Section § 422.56

This section lays out the definitions for certain terms related to hate crimes in California. It explains what it means to associate with a person or group based on certain characteristics like race or religion, and what makes up a 'hate crime'. Disabilities are defined broadly to encompass both physical and mental conditions, regardless of how they were acquired. Gender refers not just to biological sex but also to gender identity and expression. The phrase 'in whole or in part because of' clarifies that bias must be a significant motive for an offense but doesn't have to be the only reason. Nationality and race include various aspects such as origin and ethnic background. Religion covers all beliefs, including agnosticism and atheism. Sexual orientation includes heterosexuality, homosexuality, and bisexuality. Finally, 'victim' is broadly defined and can refer to individuals or entities targeted in crimes.

For purposes of this title, the following definitions shall apply:

(a) “Association with a person or group with one or more of these actual or perceived characteristics” includes advocacy for, identification with, or being on the premises owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of the characteristics listed in the definition of “hate crime” under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.

(b) “Disability” includes mental disability and physical disability, as defined in Section 12926 of the Government Code, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law.

(c) “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior regardless of whether it is stereotypically associated with the person’s assigned sex at birth.

(d) “In whole or in part because of” means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the particular result. There is no requirement that the bias be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.

(e) “Nationality” means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.

(f) “Race or ethnicity” includes ancestry, color, and ethnic background.

(g) “Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.

(h) “Sexual orientation” means heterosexuality, homosexuality, or bisexuality.

(i) “Victim” includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense.

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Section § 422.57

In this section of the penal code, when the term "gender" is used, it means the same as defined in another section of the law, which is Section 422.56. This means there's a consistent definition of "gender" across these related statutes, unless a specific law or context says otherwise.

For purposes this code, unless an explicit provision of law or the context clearly requires a different meaning, “gender” has the same meaning as in Section 422.56.

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