Penal Code 422.55 – Hate Crime

Penal Code 422.55 is a section of California’s criminal code that pertains to hate crimes. It provides a definition for hate crimes and establishes that certain crimes committed with a bias or hate element are subject to enhanced penalties.

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.

(c) “Hate crime” does not include speech or other protected activity.

(d) For purposes of this part, “actual or perceived characteristics of the victim” include the characteristics described in subdivision (a) of Section 422.56, as well as the characteristics described in paragraphs (4) and (5) of subdivision (a) of Section 422.56.

The definition provided in Penal Code 422.55 is important for identifying and prosecuting hate crimes in California. Hate crimes involve criminal acts that are committed against individuals or groups because of their actual or perceived characteristics, such as race, religion, gender, sexual orientation, or disability. The law recognizes that these crimes can have a broader impact on society, and therefore, they are subject to enhanced penalties.