Hate Crime is an enhancement to a criminal conduct or criminal act when a person or property was affected, targeted, or violated by a crime, based on race, color, religion, ancestry, national origin, gender, physical or mental disability or sexual orientation. 

Maine Law 17A-§2931. Prohibition

A person may not, by force or threat of force, intentionally injure, intimidate, or interfere with, or intentionally attempt to injure, intimidate, or interfere with or intentionally oppress or threaten any other person in the free exercise or enjoyment of any right or privilege, secured to that person by the Constitution of Maine or laws of the State or by the United States Constitution or laws of the United States.

Types of Hate Crimes we see in the U.S. 

• Criminal Threatening
• Criminal Mischief
• Burglary
• Robbery
• Arson
• Assault

Additional Criminal Penalties Considered

•    17 MRS §2931: Prohibits intentionally injuring, intimidating, or interfering with someone's rights. This is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.

•    17-A MRS §§38, 108, and 208: Prohibits the use of the "gay and trans panic defense".

Gay panic" refers to a situation in which a heterosexual individual charged with a violent crime against a homosexual individual claims they lost control and reacted violently because of an unwanted sexual advance that was made upon them

•    Maine Civil Rights Act

Allows the Attorney General to seek restraining orders and civil penalties for violations. 

•    Civil penalty

The Attorney General can seek a civil penalty of up to $5,000 per violation

Maine Reported Case Statistics

•    2020: Maine reported 83 hate crime incidents, which involved 84 victims and at least    45 offenders.

•    2021: Maine reported 76 hate crimes.

•    2022: Maine reported 82 hate crimes

Hate Speech and the 1st Amendment

•    The First Amendment protects freedom of speech, including speech that is offensive, hateful, or inflammatory.  Hate speech to language that is offensive discourse targeting a group or an individual based on inherent characteristics (such as race, religion or gender) and that may threaten social peace.

•    The government's role is to protect freedom of speech to allow for debate on public issues. 

•    Hate speech can only be criminalized if it directly incites imminent criminal activity or is a specific threat of violence. 

•    The government cannot censor, punish, or unduly burden hate speech

Speech promoting violation of the law may still only be restricted when it poses an imminent danger of unlawful action, where the speaker has the intention to incite such action, and there is the likelihood that this will be the consequence of that speech.

In these cases, we must first look at violations of criminal law and then identify the motive when we have satisfied the elements of the criminal case. 

Prosecuting Hate Crimes

•    Prosecuting hate crimes focuses on the motive; so the District Attorney, County Attorney or prosecutor must convince the judge or jury that the victim was targeted because of their race, religion, sexual orientation or other protected characteristic. Suppose the defendant is found to have acted with bias motivation. In that case, hate crimes often add additional penalties to the underlying charge such as more fines and depending on the charge, time incarcerated. 

What to do if you feel you or someone you know are the victim of a Hate Crime

• Call the Police, Dial 911 or 338-2040. Try to stay on the phone with them and remain on the scene until Police arrive

• Make note of the following and relay it to dispatch.  

  • Give dispatch name, address, and a callback number

  • Vehicle description

  • Vehicle direction if it is leaving the scene

  • Suspect physical description (descent, height, weight, hair color, eye color)

  • Clothing to include jackets, shoes, and colors

Critical evidence in hate crime cases

• Witness statements (Both victims and eye witness statements
• Video evidence, store, home, cell phone etc.
• Photographs
• Physical evidence
• Digital evidence to include text, emails, voicemails, cellular screen shot evidence
• Any affiliation to organizations that perpetrate hate crimes

Other Resources

FBI at 1-800-CALL-FBI (1-800-225-5324)

FBI Tips https://tips.fbi.gov

Attorney General Civil Rights Division: https://civilrights.justice.gov/

Law Enforcement takes hate crimes extremely seriously. All Officers are mandated to receive training in it in each state and work closely with our state and federal partners to investigate it, share intelligence regarding it and jointly prosecute it if needed.

Additional Maine Laws

§209. Criminal threatening

1.  A person is guilty of criminal threatening if he intentionally or knowingly places another person in fear of imminent bodily injury.  

§806. Criminal mischief (Vandalism) 

1.  A person is guilty of criminal mischief if that person intentionally, knowingly or recklessly:  

A. Damages or destroys the property of another, having no reasonable grounds to believe that the person has a right to do so; damages or destroys property to enable any person to collect insurance proceeds for the loss caused; or tampers with the property of another, having no reasonable grounds to believe that the person has the right to do so, and thereby impairs the use of that property;   [PL 1991, c. 824, Pt. D, §3 (RPR).]

B. Damages, destroys or tampers with property of a law enforcement agency, fire department, or supplier of gas, electric, steam, water, transportation, sanitation or communication services to the public, having no reasonable grounds to believe that the person has a right to do so, and by such conduct recklessly creates a risk of interruption or impairment of services rendered to the public; or   [PL 1991, c. 824, Pt. D, §3 (RPR).]

C. Drives or places in any tree or saw log, without the prior consent of the owner, any iron, steel or other substance sufficiently hard to damage saws or wood manufacturing or processing equipment with intent to cause inconvenience, annoyance or alarm to any other person.   [PL 1991, c. 824, Pt. D, §3 (RPR).]

[PL 1991, c. 824, Pt. D, §3 (RPR).]

1-A.  As used in this section, "property of another" has the same meaning as in section 352, subsection 4.  

[PL 1975, c. 740, §89 (NEW).]

2.  Criminal mischief is a Class D crime

§207. Assault

1.  A person is guilty of assault if:  

A. The person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person. Violation of this paragraph is a Class D crime; or   [PL 2001, c. 383, §10 (NEW); PL 2001, c. 383, §156 (AFF).]

B. The person has attained at least 18 years of age and intentionally, knowingly or recklessly causes bodily injury to another person who is less than 6 years of age. Violation of this paragraph is a Class C crime.   [PL 2001, c. 383, §10 (NEW); PL 2001, c. 383, §156 (AFF).]

[PL 2001, c. 383, §10 (RPR); PL 2001, c. 383, §156 (AFF).]

2. 

[PL 2001, c. 383, §10 (RP); PL 2001, c. 383, §156 (AFF).]

3.  For a violation under subsection 1, the court shall impose a sentencing alternative that involves a fine of not less than $300, which may not be suspended except as provided in subsection 4.  

[PL 2019, c. 113, Pt. B, §10 (AMD).]

4.  Finding by court necessary to impose other than minimum fine.  In the case of an individual, the court may suspend all or a portion of a minimum fine under subsection 3 or impose a lesser fine other than the mandatory fine if the court finds by a preponderance of the evidence that there are exceptional circumstances that justify imposition of a lesser financial penalty. In making a finding of exceptional circumstances, the court may consider:  

A. Reliable evidence of financial hardship on the part of the individual and the individual's family and dependents;   [PL 2019, c. 113, Pt. B, §11 (NEW).]

B. Reliable evidence of special needs of the individual or the individual's family and dependents;   [PL 2019, c. 113, Pt. B, §11 (NEW).]

C. Reliable evidence of the individual's income and future earning capacity and the individual's assets and financial resources from whatever source;   [PL 2019, c. 113, Pt. B, §11 (NEW).]

D. Reliable evidence regarding any pecuniary gain derived from the commission of the offense; and   [PL 2019, c. 113, Pt. B, §11 (NEW).]

E. The impact of imposition of the mandatory fine on the individual's reasonable ability to pay restitution und

§401. Burglary

1.  A person is guilty of burglary if:  

A. The person enters or surreptitiously remains in a structure knowing that that person is not licensed or privileged to do so, with the intent to commit a crime therein. Violation of this paragraph is a Class C crime; or   [PL 2001, c. 383, §53 (NEW); PL 2001, c. 383, §156 (AFF).]

B. The person violates paragraph A and:  

(1) The person is armed with a firearm, or knows that an accomplice is so armed. Violation of this subparagraph is a Class A crime;  

(2) The person intentionally or recklessly inflicts or attempts to inflict bodily injury on anyone during the commission of the burglary or an attempt to commit the burglary or in immediate flight after the commission or attempt. Violation of this subparagraph is a Class B crime;  

(3) The person is armed with a dangerous weapon other than a firearm or knows that an accomplice is so armed. Violation of this subparagraph is a Class B crime;  

(4) The violation is against a structure that is a dwelling place. Violation of this subparagraph is a Class B crime; or  

(5) At the time of the burglary, the person has 2 or more prior convictions for any combination of the Maine Class A, B or C offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. The Maine offenses are: theft; any violation of this section or section 651, 702 or 703; or attempts to commit any of these crimes. Section 9 A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class B crime.   [PL 2007, c. 476, §21 (AMD).]

§802. Arson

1.  A person is guilty of arson if he starts, causes, or maintains a fire or explosion;  

A. On the property of another with the intent to damage or destroy property thereon; or   [PL 1975, c. 499, §1 (NEW).]

B. On his own property or the property of another  

(1) with the intent to enable any person to collect insurance proceeds for the loss caused by the fire or explosion; or  

(2) which recklessly endangers any person or the property of another.   [PL 1983, c. 450, §4 (AMD).]

[PL 1983, c. 450, §4 (AMD).]

2.  In a prosecution under subsection 1, paragraph B, the requirements of specificity in the charge and proof at the trial otherwise required by law do not include a requirement to allege or prove the ownership of the property. In a prosecution under subsection 1, paragraph A, it is a defense that the actor reasonably believed he had the permission of the property owner to engage in the conduct alleged. In a prosecution under subsection 1, paragraph A, "property of another" has the same meaning as in section 352, subsection 4.  

[PL 1975, c. 740, §86 (AMD).]

3.  Arson is a Class A crime.  

[PL 1979, c. 322, §2 (AMD).]

§651. Robbery

1.  A person is guilty of robbery if the person commits or attempts to commit theft and at the time of the person's actions:  

A. The actor recklessly inflicts bodily injury on another. Violation of this paragraph is a Class B crime;   [PL 2001, c. 383, §73 (AMD); PL 2001, c. 383, §156 (AFF).]

B. The actor threatens to use force against any person present or otherwise intentionally or knowingly places any person present in fear of the imminent use of force with the intent:  

(1) To prevent or overcome resistance to the taking of the property, or to the retention of the property immediately after the taking; or  

(2) To compel the person in control of the property to give it up or to engage in other conduct that aids in the taking or carrying away of the property.  

Violation of this paragraph is a Class B crime;   [PL 2017, c. 157, §1 (AMD).]

C. The actor uses physical force on another with the intent specified in paragraph B, subparagraph (1) or (2). Violation of this paragraph is a Class A crime;   [PL 2001, c. 383, §73 (AMD); PL 2001, c. 383, §156 (AFF).]

D. The actor intentionally inflicts or attempts to inflict bodily injury on another. Violation of this paragraph is a Class A crime; or   [PL 2001, c. 383, §73 (AMD); PL 2001, c. 383, §156 (AFF).]

E. The actor is armed with a dangerous weapon in the course of a robbery as defined in paragraphs A through D or knows that the accomplice is so armed. Violation of this paragraph is a Class A crime

§201. Murder

1.  A person is guilty of murder if the person:  

A. Intentionally or knowingly causes the death of another human being;   [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]

B. Engages in conduct that manifests a depraved indifference to the value of human life and that in fact causes the death of another human being; or   [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]

C. Intentionally or knowingly causes another human being to commit suicide by the use of force, duress or deception.   [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]

[PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]

1-A.  For purposes of subsection 1, paragraph B, when the crime of depraved indifference murder is charged, the crime of criminally negligent manslaughter is deemed to be charged.  

[PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]

2.  The sentence for murder is as authorized in chapter 63.  

[PL 2019, c. 113, Pt. B, §9 (AMD).]

3.  It is an affirmative defense to a prosecution under subsection 1, paragraph A, that the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation.  

[PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]

4.  For purposes of subsection 3, provocation is adequate if:  

A. It is not induced by the person; and   [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]

B. It is reasonable for the person to react to the provocation with extreme anger or extreme fear, provided that evidence demonstrating only that the person has a tendency towards extreme anger or extreme fear is not sufficient, in and of itself, to establish the reasonableness of the person's reaction.   [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]

For purposes of determining whether extreme anger or extreme fear was brought about by adequate provocation, the provocation was not adequate if it resulted solely from the discovery of, knowledge about or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the person or in which the person and victim dated or had a romantic or sexual relationship.  

[PL 2019, c. 462, §3 (AMD).]

5.  Nothing contained in subsection 3 may constitute a defense to a prosecution for, or preclude conviction of, manslaughter or any other crime.  

[PL 1983, c. 372, §1 (NEW).]