{"jurisdiction": "us-ny", "code": "penal", "section": "485.05", "citation": "Penal Law § 485.05", "heading": "Hate crimes", "text": ["§ 485.05 Hate crimes.", "1. A person commits a hate crime when he or she commits a specified offense and either:", "(a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or", "(b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.", "2. Proof of race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of the defendant, the victim or of both the defendant and the victim does not, by itself, constitute legally sufficient evidence satisfying the people's burden under paragraph (a) or (b) of subdivision one of this section.", "3. A \"specified offense\" is an offense defined by any of the following provisions of this chapter: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.06 (gang assault in the second degree); section 120.07 (gang assault in the first degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endangerment in the second degree); section 120.25 (reckless endangerment in the first degree); section 121.11 (criminal obstruction of breathing or blood circulation); section 121.12 (strangulation in the second degree); section 121.13 (strangulation in the first degree); subdivision one of section 125.15 (manslaughter in the second degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 125.26 (aggravated murder); section 125.27 (murder in the first degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); section 130.20 (sexual misconduct); section 130.25 (rape in the third degree); section 130.30 (rape in the second degree); section 130.35 (rape in the first degree); former section 130.40; former section 130.45; former section 130.50; section 130.52 (forcible touching); section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse in the third degree); section 130.60 (sexual abuse in the second degree); section 130.65 (sexual abuse in the first degree); section 130.65-a (aggravated sexual abuse in the fourth degree); section 130.66 (aggravated sexual abuse in the third degree); section 130.67 (aggravated sexual abuse in the second degree); section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the third degree); section 135.61 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 230.34 (sex trafficking); section 230.34-a (sex trafficking of a child); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); section 240.50 (falsely reporting an incident in the third degree); section 240.55 (falsely reporting an incident in the second degree); section 240.60 (falsely reporting an incident in the first degree); subdivision one of section 265.03 (criminal possession of a weapon in the second degree); subdivision one of section 265.04 (criminal possession of a weapon in the first degree); section 490.10 (soliciting or providing support for an act of terrorism in the second degree); section 490.15 (soliciting or providing support for an act of terrorism in the first degree); section 490.20 (making a terroristic threat); section 490.25 (crime of terrorism); section 490.30 (hindering prosecution of terrorism in the second degree); section 490.35 (hindering prosecution of terrorism in the first degree); section 490.37 (criminal possession of a chemical weapon or biological weapon in the third degree); section 490.40 (criminal possession of a chemical weapon or biological weapon in the second degree); section 490.45 (criminal possession of a chemical weapon or biological weapon in the first degree); section 490.47 (criminal use of a chemical weapon or biological weapon in the third degree); section 490.50 (criminal use of a chemical weapon or biological weapon in the second degree); section 490.55 (criminal use of a chemical weapon or biological weapon in the first degree); or any attempt or conspiracy to commit any of the foregoing offenses.", "4. For purposes of this section:", "(a) the term \"age\" means sixty years old or more;", "(b) the term \"disability\" means a physical or mental impairment that substantially limits a major life activity;", "(c) the term \"gender identity or expression\" means a person's actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/485.05", "from_official_api": true, "plain_english": "A **hate crime** is a listed (\"specified\") offense committed because of bias.\n- **(1)(a)** A person **commits a hate crime** by committing a specified offense and **intentionally selecting the victim**, in whole or in **substantial part**, because of a belief or perception about **race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation**, whether or not the belief is correct. ★\n- **(1)(b)** Or by **intentionally committing the act** itself, in whole or in substantial part, because of such a belief or perception.\n- **(2)** Proof of the defendant's or victim's protected characteristic **does not, by itself, legally suffice** to prove (1)(a) or (1)(b). ★\n- **(3)** **Specified offenses**, plus any **attempt or conspiracy** to commit one: assault 3rd, 2nd and 1st; gang assault 2nd and 1st; aggravated assault on a person under 11; menacing 3rd to 1st; reckless endangerment 2nd and 1st; criminal obstruction of breathing; strangulation 2nd and 1st; manslaughter 2nd (**§ 125.15 subd. 1 only**); manslaughter 1st (**§ 125.20 subds. 1, 2 or 4**); murder 2nd, aggravated murder, murder 1st; stalking 4th to 1st; sexual misconduct; rape 3rd to 1st; former §§ 130.40, 130.45, 130.50; forcible touching; persistent sexual abuse; sexual abuse 3rd to 1st; aggravated sexual abuse 4th to 1st; unlawful imprisonment 2nd and 1st; kidnapping 2nd and 1st; coercion 3rd to 1st; criminal trespass 3rd to 1st; burglary 3rd to 1st; criminal mischief 4th to 1st; arson 4th to 1st; petit larceny; grand larceny 4th to 1st; robbery 3rd to 1st; sex trafficking and sex trafficking of a child; **harassment 1st**; aggravated harassment 2nd (**§ 240.30 subds. 1, 2 or 4**); falsely reporting an incident 3rd to 1st; criminal possession of a weapon 2nd (**§ 265.03 subd. 1**) and 1st (**§ 265.04 subd. 1**); and terrorism offenses §§ 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40, 490.45, 490.47, 490.50 and 490.55.\n- **(4)(a)** **Age** means **60 years or older**. ★\n- **(4)(b)** **Disability** means a physical or mental impairment that substantially limits a major life activity.\n- **(4)(c)** **Gender identity or expression** means actual or perceived gender-related identity, appearance, behavior, expression or other characteristic, regardless of sex assigned at birth, including **transgender** status.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/485.05", "publisher": "Elyphived LLC"}