All four men are charged with two counts of aggravated assault with a deadly weapon, which normally is a second-degree felony. However, Travis County prosecutors are seeking to elevate the offenses to first-degree felonies with a hate crime finding because they believe the defendants targeted victims Tristan Perry and Spencer Deehring for no other reason than they were holding hands after leaving a gay nightclub. Outside of the courtroom Friday, lawyers for the men disputed the notion that sexual orientation was at the root of the fight. Perry and Deehring, according to an arrest affidavit detailing the Jan. The couple responded, "What did you say? The man repeated the slur several times while motioning for his friends to join him, prosecutors allege.
49 states and territories have hate crime laws — but they vary
Scott Lively - Wikipedia
The tragic and predictable consequence of anti-gay hate speech is violence targeted at the LGBT community. According to the Florida Attorney General, hate crimes based on sexual orientation currently account for 22 percent of all hate crimes, surpassing religion as the second highest category. Race is still the most common motivation. When taking into account the size of the targeted communities, LGBT Floridians are at the highest risk of being targeted with a hate crime. Florida law provides increased penalties for hate crimes based on sexual orientation and has been interpreted to include hate crimes targeting the transgender community as well. Adding explicit protections for gender identity and expression to our state hate crimes statute continues to be a priority. Today, Florida ranks 4th in the nation, behind California, New York and Texas, in the number of people protected by state hate crimes laws.
Offences double since against gay and lesbian people and treble against trans people, Guardian analysis reveals. Homophobic and transphobic hate crimes, including stalking, harassment and violent assault, have more than doubled in England and Wales over five years, a Guardian analysis has shown. In the most recent year of data, police recorded 11, crimes, more than doubling from 4, during this period. Transphobic attacks have soared in recent years, trebling from reports to 1, over the period examined. The findings come after two women were attacked on a bus in London for refusing to kiss in front of a group of men.
Historically, under criminal law , a crime is conducting a prohibited act and the motivation of the perpetrator was irrelevant to guilt but not to punishment. If the type of crime demonstrated a necessarily vicious state of mind that shocked the conscious of the judge or jury, then additional punishment would be merited. Thus if X killed because X wanted money versus because the victim insulted X does not alter the crime of murder, but could alter the degree of punishment imposed e. Indeed, emotions could sometimes act to reduce the punishment.