Indiana Hate Crimes Law

Summary

Indiana was one of the last states to pass a hate crimes law. It allows judges to increase the sentence of a convicted criminal if the crime was motivated by bias against certain protected traits.

Rights & Rules

01.
A judge can legally add more jail time to a sentence if the prosecution proves the crime was committed because of the victim's 'color, creed, disability, national origin, race, religion, or sexual orientation.'
02.
The law does NOT explicitly list 'gender' or 'gender identity' as protected classes, which has been a major point of criticism, though defenders argue the word 'sex' is covered under federal interpretations of 'creed' or 'bias.'
03.
This is a 'sentence-enhancing' law, meaning 'hate crime' is not a separate charge you are arrested for; it is an aggravating factor applied after you are convicted of an underlying crime (like assault or vandalism).

Penalties

01.
Judges can add years to a prison sentence or impose heavier fines if the aggravating factor of bias is proven beyond a reasonable doubt.

Verified Citations

Indiana Code Section 35-38-1-7.1

Source

"In determining what sentence to impose for a crime, the court may consider the following aggravating circumstances: ...The person committed the offense with bias due to the victim's or the group's real or perceived characteristic, trait, belief, practice, association, or other attribute the court chooses to consider, including but not limited to color, creed, disability, national origin, race, religion, and sexual orientation."