Code of Massachusetts Regulations
501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Title 501 CMR 4.00 - Hate Crimes
Section 4.02 - Definitions
The following phrases shall have the following meanings:
Advocacy Organization: Any non-profit or not-for-profit group which represents or serves constituencies targeted in hate crimes motivated by the forms of bias enumerated at 501 CMR 4.02(3); or gathers information relating to the incidence, circumstances, patterns, causes, or nature of hate crimes or incidents or any specific type(s) of hate crimes or incidents.
Bias Indicators: Objective facts, circumstances, or patterns attending a criminal act(s) which, standing alone or in conjunction with other facts or circumstances, suggest that the offender's actions were motivated, in whole or in part, by any form of bias enumerated at 501 CMR 4.02.
Bias Motive: Hatred, hostility, or negative attitudes towards, or prejudice against, any group or individual on account of race, religion, ethnicity, handicap, gender, or sexual orientation, which is a contributing factor, in whole or in part, in the commission of a criminal act. A bias motive can be inferred from the presence of one or more bias indicators. The specific forms of bias covered by the Hate Crimes Reporting Act are:
Racial/Ethnic/National Bias
Anti-Black
Anti-White
Anti-Asian
Anti-Hispanic
Anti-Arab
Anti-Other
Racial/Ethnic/National Group
Religious Bias
Anti-Jewish
Anti-Catholic
Anti-Protestant
Anti-Islamic (Moslem)
Anti-Other Religion
Sexual Orientation Bias
Anti-Gay (Male)
Anti-Lesbian
Anti-Other Sexual Orientation
Handicap Bias
Anti-Persons with AIDS
Anti-Physically Disabled
Anti-Mentally Disabled (i.e. Mental illness, mental retardation)
Gender Bias:
Anti-Female
Anti-Male
Anti-Transgender Bias (as further defined by the Governor's Task Force on Hate Crimes).
Anti-Transgender Bias is hatred, hostility, or prejudice towards a person who, in dress, speech, and general appearance, visibly:
(a) "identifies" with the gender opposite to his or her biological or birth gender; or
(b) does not conform to conventional gender role expectations for his or her biological or birth gender. Bias is usually attributed to the circumstance of traditional gender role conventions being openly violated. This bias constitutes gender bias because a "transgender person" is regarded differently and less favorably than would a person of the opposite biological sex, for engaging in similar conduct.
A bias motive may also consist of an intent to interfere with, disrupt, or deprive another person(s) of his/her constitutional rights by threats, intimidation, harassment, or coercion.
Hate Crime:
(a) Any criminal act to which a bias motive is evident as a contributing factor, or
(b) Any act which constitutes a violation of:
1. M.G.L. c. 265, § 37 or 39;
2. M.G.L. c. 266, § 127A;
3. M.G.L. c. 272, § 92A.
Hate Crime Report: An account of a hate crime from a law enforcement source received or collected by the Crime Reporting Unit.
Hate Group: An organization, formal or informal, which promotes bias, animosity, hostility, or malice against persons belonging to a racial, religious, ethnic/national origin, sexual orientation, handicap, or gender group (e.g. the Ku Klux Klan, American Nazi Party, etc.).
Hate Incident: Any act, whether consisting of conduct, speech, or expression, to which a bias motive is evident as a contributing factor, without regard for whether the act constitutes a crime.
Hate Incident Report: An account of a hate incident from a civil rights agency or advocacy organization received or collected by the Crime Reporting Unit.
