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 also establishes that words alone do not constitute a hate crime unless they are contextualized as a threat, and it allows for the inference of intent to threaten based on specific actions, such as burning a cross or defacing property associated with particular racial or religious groups.

Additionally, the bill clarifies that a mistaken belief about a victim's identity does not serve as a defense for the accused. It outlines that evidence of the accused's expressions or associations can only be introduced if directly related to the crime charged, and it maintains that committing another crime during a hate crime offense can lead to separate prosecution. The bill also defines key terms such as "gender expression or identity" and "sexual orientation," and it establishes that hate crime offenses are classified as class C felonies, while ensuring that victims retain the right to seek other legal remedies.

Statutes affected:
Original Bill: 9A.36.080