The bill amends RCW 9A.36.080 to clarify the definition and prosecution of hate crime offenses in Washington State. It specifies that a person is guilty of a hate crime if they maliciously and intentionally commit acts such as assault, property damage, or threats against another person, in whole or in part due to their perception of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or disability. The bill introduces the phrase "in whole or in part" to emphasize that the motivation behind the crime can be partially based on these characteristics. Additionally, it outlines specific acts that can lead to an inference of intent to threaten, such as burning a cross or defacing property associated with a particular heritage.
Furthermore, the bill clarifies that a mistaken belief about a victim's characteristics does not serve as a defense for the accused. It also establishes that evidence of the accused's expressions or associations can only be introduced if directly related to the crime charged. The penalties for committing a hate crime offense are classified as a class C felony, and the bill ensures that victims retain the right to seek other legal remedies. Importantly, it states that the provisions do not expand civil rights or protections beyond those already established under federal or state law.
Statutes affected: Original Bill: 9A.36.080
Engrossed Bill: 9A.36.080
Bill as Passed Legislature: 9A.36.080
Session Law: 9A.36.080