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CHRISTY HOROWITZ & SANFORD HOROWITZ
ATTORNEYS AT LAW
HOROWITZ LAW
1032 SANTA BARBARA STREET
SANTA BANTA BARBARA, CA 93101
...
New Year’s Eve
New Year’s Eve
•Two Gay men left a downtown
bar at 1:45am
•They were attacked by three
men as they walked to their car
•Su...
Can GangCan Gang casescases be charged withbe charged with
Hate Crime enhancements?Hate Crime enhancements?
• YES!.....YES...
Can Gang cases be charged withCan Gang cases be charged with
Hate Crime enhancements?Hate Crime enhancements?
• Yes, But N...
*The White Supremacists saw a carload of African
American youths parked in front of the school
*3 skinheads sprayed the ca...
Can Gang cases be charged withCan Gang cases be charged with
Hate Crime enhancements?Hate Crime enhancements?
• Hawaiian G...
Can Gang cases be charged withCan Gang cases be charged with
Hate Crime enhancements?Hate Crime enhancements?
 “This is L...
PC 422.6 (misd)
• Use of Force
• Threats
• or Destruction of
Property to
Interfere with
Another’s
Exercise of Civil
Rights
Just Speech?
• In a gay
neighborhood in
San Francisco a
bunch of juveniles
taunted a gay man
–“We’re going to kill you; yo...
Just Speech?
–“We’re going to kill you; you’re all going to die of
AIDS; We’re going to get you faggots.”
•The gay man sli...
PC 422.6(a)
Speech alone is
enough for PC
422.6(a) if:
The speech itself threatened violence
and the defendant had the app...
PC 422.6(a)
The threat does not have to be
unconditional or imminent
Contrast to PC 422
422 requires threat resulting in ...
PC 422.7
• When the underlying offense was committed for the purpose of
intimidating and interfering with the victim’s fre...
PC 422.7
• IF the crime committed is a FELONY
(PC 245), don’t allege PC 422.7
• Use hate crime enhancement: PC
422.75 inst...
PC 422.6(b)
No damage or destruction of real property
of another person for the purpose of
intimidating or interfering wit...
PC 422.6(b)
Juveniles defaced public school
property with, “N_____” and “Kill the
N______.”
The area vandalized was asso...
PC 422.7(b) - Crimes against
Property > $950
Vandalizing the property of another person because of a
person’s race, color,...
FELONY VANDALISM
Vandalizing the property of another person because of a
person’s race, color, religion, ancestry, nationa...
HATE SYMBOLS
Placing hate symbols on private property
Any person who places or displays a sign,
mark, symbol, emblem, etc....
HATE SYMBOLS
Placing hate symbols on private property
Any person who engages in a pattern of conduct for the
purpose of t...
Continuous Terror
Placing hate symbols on private property
On three different occasions defendant scratched Nazi
Swastika...
CROSS BURNING
Any person who burns or
PC 11411(c) – Felony
desecrates a cross on private property without
permission for p...
CROSS BURNING
Can you burn a cross on
your private property?
PC 11411(c) – Felony
YES!
A Klan leader celebrated his
birthd...
CROSS BURNING – PC 11411(c)
statute does not violate Free Speech;
cross burning is a “true threat” and
“fighting words”
Cl...
CROSS BURNING – PC 11411(c)
NO INTENT TO TERRORIZE NECESSARY
Defendant only needs to
intend to commit the act
The fact tha...
Disorderly Conduct at a Religious
Service
PC 302(a) (misd)
• Every person who intentionally disturbs any
assemblage of peo...
PC 302(a) (misd)
• 300 people marched, chanted slogans, and
broke into a Catholic Church during Midnight
Mass on Christmas...
Vandalism at a Place of
Worship PC 594.3(a) (misd or felony)
• Any person who knowingly commits any act of vandalism to a
...
Vandalism at a Place of
Worship PC 594.3(b) (felony)
• Any person who knowingly commits any act of vandalism
to a church, ...
Vandalism at a Place of
Worship PC 594.3(b) (felony)
Defendants entered a
Jewish mortuary
Destroyed numerous
headstones ...
Vandalism at a Place of
Worship PC 594.3(b) (felony)
• COMMITTED BECAUSE OF THE RACE,
COLOR, RELIGION, OR NATIONAL ORIGIN
...
Threats Obstructing Exercise of Religion
 Any person who, with the intent to cause, attempts to
cause or causes another t...
Terrorism – Use of Destructive Device
or Explosive or Commission of Arson
Defendant bombed a gay bar, “Back Door Inn” in
...
Other Statutes
• Penal Code § 422: Criminal Threats
• Penal Code § 640.2: Writings
• Penal Code § 538(c): Ad into Newspape...
Other Enhancements
• Penal Code § 190.2(a)(16): Special
Circumstances for LWOP or Death
• Penal Code § 190.03(a): Special
...
Other Enhancements
• Penal Code § 422.75(a): Felony Enhancement
for Hate Crimes
• Penal Code § 422.75(b): Felony in Concer...
New Year’s Eve
•Two Gay men left a downtown
bar at 1:45am
•They were attacked by three
men as they walked to their car
•Su...
HOW DO YOU INVESTIGATE?
Just like a Gang case or
DV
Reluctant victim?
Record your contacts;
document with photos
Treat as ...
Was the crime motivated by Hate?
• Signs, symbols, words
• Graffitti
• Fliers, literature
• Tattoos
• Take photos!
• Check...
Was the crime motivated by Hate?
• Did the suspect commit prior acts of a
similar nature?
• Did the victim suffer prior ac...
New Year’s Eve
•Two Gay men left a downtown
bar at 1:45am
•They were attacked by three
men as they walked to their car
•Su...
Resources
(310) 446-4248
(805) 564-6670
CHRISTY HOROWITZ & SANFORD HOROWITZ
ATTORNEYS AT LAW
HOROWITZ LAW
1032 SANTA BARBARA STREET
SANTA BANTA BARBARA, CA 93101
...
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Investigation and Prosecution of Hate Crimes

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What constitutes a hate crime? What are the penal codes associated with hate crimes? Gang cases can be charged as hate crime enhancements; speech alone may be a basis for hate crime enhancements; misdemeanors can be elevated to felonies; crimes against property; felony vandalism; continuous terror; hate symbols; cross burning; disorderly conduct at a religious service; vandalism at a place of worship; terrorism- use of destructive device or explosive or committion of arson; obstructing exercise of religion

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Investigation and Prosecution of Hate Crimes

  1. 1. CHRISTY HOROWITZ & SANFORD HOROWITZ ATTORNEYS AT LAW HOROWITZ LAW 1032 SANTA BARBARA STREET SANTA BANTA BARBARA, CA 93101 (805) 452-7214 CHRIS@HOROWITZFORLAW.COM SANDY@HOROWITZFORLAW.COM WWW.HOROWITZFORLAW.COM Investigation and Prosecution of HATE CRIMES
  2. 2. New Year’s Eve
  3. 3. New Year’s Eve •Two Gay men left a downtown bar at 1:45am •They were attacked by three men as they walked to their car •Suspects were white, 20’s, shaved heads, dark clothing Suspects shouted bigotry slurs and attacked the men, Broken Jaw; Severe Head Lacerations….HOW DO YOU INVESTIGATE?
  4. 4. Can GangCan Gang casescases be charged withbe charged with Hate Crime enhancements?Hate Crime enhancements? • YES!.....YES!.....BUTBUT • Victim’sVictim’s protected statusprotected status must be amust be a “substantial factor” in the commission of“substantial factor” in the commission of the offense.the offense. – Latin Gang fights a Black GangLatin Gang fights a Black Gang – Drug War over TerritoryDrug War over Territory • Latin gang member sees black gangLatin gang member sees black gang member selling dope to a pedestrianmember selling dope to a pedestrian • Latin gang member says “18Latin gang member says “18thth Street is LatinStreet is Latin only. Fuck Bloods, Fuck N___.”only. Fuck Bloods, Fuck N___.” • Latin gang member shoots Black GangLatin gang member shoots Black Gang membermember • Can you charge the Hate CrimeCan you charge the Hate Crime Enhancement ????Enhancement ????
  5. 5. Can Gang cases be charged withCan Gang cases be charged with Hate Crime enhancements?Hate Crime enhancements? • Yes, But Not Here.Yes, But Not Here. • TheThe substantial motivesubstantial motive was Gang Rivalry andwas Gang Rivalry and control of the Drug Tradecontrol of the Drug Trade • NOT VICTIM’S RACENOT VICTIM’S RACE • ADW but no HateADW but no Hate Crime EnhancementCrime Enhancement
  6. 6. *The White Supremacists saw a carload of African American youths parked in front of the school *3 skinheads sprayed the car with bullets and yelled, “White Power, Fuck N____.” *Convicted of Attempt Murder AND Hate Crime Enhancement: PC 422.75(c)
  7. 7. Can Gang cases be charged withCan Gang cases be charged with Hate Crime enhancements?Hate Crime enhancements? • Hawaiian Gardens in LA County • Claimed by a Latin gang, “Los Loguitos.” • A few black families moved in into the neighborhood • 3 gang members saw a 17 year old black student walking home •Beating while screaming “Fuck N____. This is Los Loguitos. Go back to Compton, you Fucking N_____.”
  8. 8. Can Gang cases be charged withCan Gang cases be charged with Hate Crime enhancements?Hate Crime enhancements?  “This is Los Loguitos!” • All defendants were convicted of Assault AND Hate Crime Enhancement: PC 422.75(c)
  9. 9. PC 422.6 (misd) • Use of Force • Threats • or Destruction of Property to Interfere with Another’s Exercise of Civil Rights
  10. 10. Just Speech? • In a gay neighborhood in San Francisco a bunch of juveniles taunted a gay man –“We’re going to kill you; you’re all going to die of AIDS; We’re going to get you faggots.” •Speech alone may be the basis for charging PC 422.6(a)
  11. 11. Just Speech? –“We’re going to kill you; you’re all going to die of AIDS; We’re going to get you faggots.” •The gay man slipped on the sidewalk •The juveniles attacked and kicked him on the ground until the man lost consciousness •Juveniles convicted of Assault and PC 422.6(a) for the threats yelled before the attack
  12. 12. PC 422.6(a) Speech alone is enough for PC 422.6(a) if: The speech itself threatened violence and the defendant had the apparent ability to carry out the threat
  13. 13. PC 422.6(a) The threat does not have to be unconditional or imminent Contrast to PC 422 422 requires threat resulting in death or GBI 422.6(a) only requires any threat of violence
  14. 14. PC 422.7 • When the underlying offense was committed for the purpose of intimidating and interfering with the victim’s free exercise of a civil right • because of victim’s status and perceived status • present ability to commit violent injury & caused actual physical injury – Example: PC 242 – misd – Add PC 422.7(a) to elevate to a felony ELEVATE MISDEMEANOR CONDUCT TO A FELONY
  15. 15. PC 422.7 • IF the crime committed is a FELONY (PC 245), don’t allege PC 422.7 • Use hate crime enhancement: PC 422.75 instead ELEVATE MISDEMEANOR CONDUCT TO A FELONY
  16. 16. PC 422.6(b) No damage or destruction of real property of another person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right Property of another: Victim does not need to own the property; Property includes ownership as well as possession or occupation
  17. 17. PC 422.6(b) Juveniles defaced public school property with, “N_____” and “Kill the N______.” The area vandalized was associated with African American students and teachers
  18. 18. PC 422.7(b) - Crimes against Property > $950 Vandalizing the property of another person because of a person’s race, color, religion, ancestry, national origin, disability, gender, or sexual orientation •PC 422.6(b) – misd hate crime if damage is less than $950 •PC 422.7(b) – felony hate crime penalty enhancement > $950 •OR…FELONY VANDALISM
  19. 19. FELONY VANDALISM Vandalizing the property of another person because of a person’s race, color, religion, ancestry, national origin, disability, gender, or sexual orientation PC 594(b) with hate crime enhancement •PC 422.75(a) if defendant acted alone (adds 1, 2, or 3 years) or • PC 422.75(b) if defendant acted with others (adds 2, 3, or 4 years)
  20. 20. HATE SYMBOLS Placing hate symbols on private property Any person who places or displays a sign, mark, symbol, emblem, etc. on private property without permission for purposes of terrorizing the owner or in reckless disregard of the risk of terrorizing the owner PC 11411(a) – Terrorizing (Misd)
  21. 21. HATE SYMBOLS Placing hate symbols on private property Any person who engages in a pattern of conduct for the purpose of terrorizing the owner or in reckless disregard of the risk of terrorizing the owner places or displays a sign, mark, symbol, emblem, etc. on private property of another On two or more occasions PC 11411(b) – Continuous Terror (Felony)
  22. 22. Continuous Terror Placing hate symbols on private property On three different occasions defendant scratched Nazi Swastikas on the inside wall of the elevator at his apartment building. Defendant committed the act because he was anti- Semitic; he resented the fact that most of the occupants were Jewish and he wanted to terrorize them Governor may offer a reward up to $50,000 for info (PC 1547(a)(13) PC 11411(b) – Continuous Terror (Felony)
  23. 23. CROSS BURNING Any person who burns or PC 11411(c) – Felony desecrates a cross on private property without permission for purpose of terrorizing the owner/occupant or in reckless disregard of the risk of terrorizing the owner or burns, desecrates, or destroys a cross on school with purpose of terrorizing
  24. 24. CROSS BURNING Can you burn a cross on your private property? PC 11411(c) – Felony YES! A Klan leader celebrated his birthday by torching a 30 foot cross on his front lawn. Private Property = NO HATE CRIME
  25. 25. CROSS BURNING – PC 11411(c) statute does not violate Free Speech; cross burning is a “true threat” and “fighting words” Claiming to be a practical joke, Defendant burned a cross on the front lawn of an inter- racial couple. The victims were afraid for their lives and called police. Defendant said it wasn’t racially motivated Defendant said PC 11411(c) violates his right to free speech
  26. 26. CROSS BURNING – PC 11411(c) NO INTENT TO TERRORIZE NECESSARY Defendant only needs to intend to commit the act The fact that the victim is in fear is evidence that the act itself terrorizes the victim
  27. 27. Disorderly Conduct at a Religious Service PC 302(a) (misd) • Every person who intentionally disturbs any assemblage of people met for religious worship at a tax exempt house of worship by: – Profane discourse, rude or indecent behavior, unnecessary noise – either within the place or so near the place as to disturb
  28. 28. PC 302(a) (misd) • 300 people marched, chanted slogans, and broke into a Catholic Church during Midnight Mass on Christmas Eve in 1969 • Banging on doors; screaming, running throughout the Church; assaulting church goers with rude behavior and unnecessary noise.
  29. 29. Vandalism at a Place of Worship PC 594.3(a) (misd or felony) • Any person who knowingly commits any act of vandalism to a church, synagogue, mosque, temple, building owned and occupied by a religious educational institution, or other place primarily used as a place of worship where religious services are regularly conducted or a cemetery – Defendants defaced a Catholic Church by writing their gang and street names on the church wall. – Defendants were “claiming” their gang territory; not targeting the building because it was a church – Defendants pled guilty to PC 594.3(a): statute does not require the church to be targeted specifically because it is a place of worship
  30. 30. Vandalism at a Place of Worship PC 594.3(b) (felony) • Any person who knowingly commits any act of vandalism to a church, synagogue, mosque, temple, building owned and occupied by a religious educational institution, or other place primarily used as a place of worship where religious services are regularly conducted or a cemetery – Which is shown to be a hate crime – To have been committed for the purpose of intimidating and deterring people from freely exercising their religious beliefs – STRAIGHT FELONY
  31. 31. Vandalism at a Place of Worship PC 594.3(b) (felony) Defendants entered a Jewish mortuary Destroyed numerous headstones with Jewish insignias, names, symbols Defendants did it because they are white supremacists and hated Jews GUILTY
  32. 32. Vandalism at a Place of Worship PC 594.3(b) (felony) • COMMITTED BECAUSE OF THE RACE, COLOR, RELIGION, OR NATIONAL ORIGIN OR ANOTHER INDIVIDUAL OR GROUP, • AND TO HAVE BEEN COMMITTED FOR THE PURPOSE OF INTIMIDATING AND DETERRING PERSONS FROM FREELY EXERCISING RELIGIOUS BELIEFS • NOTE:NO MENTION OF MISPERCEPTION OF THOSE TRAITS, DISABILITY, OR SEXUAL ORIENTATION
  33. 33. Threats Obstructing Exercise of Religion  Any person who, with the intent to cause, attempts to cause or causes another to refrain from exercising his or her religion or from engaging in a religious service  by means of a threat  directly communicated to such a person  to inflict an unlawful injury upon any person or property  and it reasonably appears to the recipient of the threat that such threat could be carried out PC 11412 (felony)
  34. 34. Terrorism – Use of Destructive Device or Explosive or Commission of Arson Defendant bombed a gay bar, “Back Door Inn” in Lancaster. The explosive device ignited and wounded a patron Defendant found guilty of PC 12309, explosion of a destructive device causing bodily injury Crime was substantially motivated by Defendant’s hatred toward the gay and lesbian community Defendant found guilty of Hate Crime Enhancement: PC 422.75(b) PC 11413 (felony)
  35. 35. Other Statutes • Penal Code § 422: Criminal Threats • Penal Code § 640.2: Writings • Penal Code § 538(c): Ad into Newspaper • Penal Code § 653(a) & (b): annoying telephone calls or text messages
  36. 36. Other Enhancements • Penal Code § 190.2(a)(16): Special Circumstances for LWOP or Death • Penal Code § 190.03(a): Special Circumstances for LWOP
  37. 37. Other Enhancements • Penal Code § 422.75(a): Felony Enhancement for Hate Crimes • Penal Code § 422.75(b): Felony in Concert Enhancement • Penal Code § 422.75(d): Prior • Penal Code § 422.7: Aggravating Factors for Punishment
  38. 38. New Year’s Eve •Two Gay men left a downtown bar at 1:45am •They were attacked by three men as they walked to their car •Suspects were white, 20’s, shaved heads, dark clothing Suspects shouted bigotry slurs and attacked the men, Broken Jaw; Severe Head Lacerations….HOW DO YOU INVESTIGATE?
  39. 39. HOW DO YOU INVESTIGATE? Just like a Gang case or DV Reluctant victim? Record your contacts; document with photos Treat as if the victim will not testify Was the crime motivated by Hate?
  40. 40. Was the crime motivated by Hate? • Signs, symbols, words • Graffitti • Fliers, literature • Tattoos • Take photos! • Check out Facebook, look for suspect and their friends?
  41. 41. Was the crime motivated by Hate? • Did the suspect commit prior acts of a similar nature? • Did the victim suffer prior acts? • Are victim and suspect members of different groups?
  42. 42. New Year’s Eve •Two Gay men left a downtown bar at 1:45am •They were attacked by three men as they walked to their car •Suspects were white, 20’s, shaved heads, dark clothing Possible Charges: 242 or 243(b) w/ 422.7 elevator 245 – felony with 422.75(a) or (b) elevator 186.22
  43. 43. Resources (310) 446-4248 (805) 564-6670
  44. 44. CHRISTY HOROWITZ & SANFORD HOROWITZ ATTORNEYS AT LAW HOROWITZ LAW 1032 SANTA BARBARA STREET SANTA BANTA BARBARA, CA 93101 (805) 452-7214 CHRIS@HOROWITZFORLAW.COM SANDY@HOROWITZFORLAW.COM WWW.HOROWITZFORLAW.COM Investigation and Prosecution of HATE CRIMES

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