In 1993, Minesota amended their Hate Crime Statute to add “sexual orientation” to the list of protected classes and within the definition of sexual orientation:

Sexual orientation.  "Sexual orientation" means having or being perceived as having an emotional, physical, or sexual attachment to another person without regard  to the sex of that person or having or being perceived as having  an orientation for such attachment, or having or being perceived  as having a self-image or identity not traditionally associated  with one's biological maleness or femaleness.  “Sexual  orientation" does not include a physical or sexual attachment to  children by an adult. 

   611A.79 Civil damages for bias offenses.

    Subdivision 1.    Definition.  For purposes of this section, "bias offense" means conduct that would constitute a crime and was committed because of the victim's or another's  actual or perceived race, color, religion, sex, sexual  orientation, disability as defined in section 363.01, age, or  national origin.  

363.01 Definitions.

    Subdivision 1.    Terms.  For the purposes of this  chapter, the words defined in this section have the meanings  ascribed to them.

 Subd. 41a.    Sexual orientation.  "Sexual orientation" means having or being perceived as having an emotional, physical, or sexual attachment to another person without regard  to the sex of that person or having or being perceived as having  an orientation for such attachment, or having or being perceived  as having a self-image or identity not traditionally associated  with one's biological maleness or femaleness.  “Sexual  orientation" does not include a physical or sexual attachment to  children by an adult.

In 1998, California amended their Hate Crime Statute to add “gender” to the list of protected classes and within the definition of gender they state:

"gender" means the victim's actual sex or the defendant's perception of the victim's sex, and includes the defendant's perception of the victim's identity, appearance, or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with the victim's sex at birth.

A.B. 1999: Purpose: Amends the states Hate Crimes Statistics Act by adding gender and defining gender to include transgendered people. Provides stiffer penalties for hate motivated crimes based on gender and gender identity. requires the counting and reporting of such hate crimes.

[From Statute http://info.sen.ca.gov/pub/97-98/bill/asm/ab_1951-2000/ab_1999_bill_19980928_chaptered.html]

Hate crimes:  gender

SECTION 1.  Section 186.21 of the Penal Code is amended to read:

186.21.  The Legislature hereby finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, gender, age, sexual orientation, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals.

SEC. 3.1.  Section 422.76 is added to the Penal Code, to read:

422.76.  For purposes of Sections 186.21, 190.03, subdivisions (a) and (b) of Section 422.6, Section 422.7, subdivisions (a), (b), (c), and (e) of Section 422.75, Sections 1170.75 and 11410, paragraph (9) of subdivision (b) of Section 11413, Section 13023, subdivision (c) of Section 13519.4, and subdivision (a) of Section 13519.6, "gender" means the victim's actual sex or the defendant's perception of the victim's sex, and includes the defendant's perception of the victim's identity, appearance, or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with the victim's sex at birth.

From Legislative’s Council Digest of AB 1999:

This bill would amend the last 2 provisions summarized above, and an intent section of an act relating to the prevention of street terrorism, by adding gender to the list of groups in which the victim's membership entitles the victim to protection under those statutes. This bill would also define "gender" for purposes of the provisions summarized in this digest and other specified provisions, to mean the victim's actual sex or the defendant's perception of the victim's sex, and includes the defendant's perception of the victim's identity or appearance, whether or not that identity or appearance is different from that traditionally associated with the victim's sex at birth.

In 1999, Vermont amended their Hate Crime Statute to explicitly add “gender identity” to the list of protected classes.

Source is Lexis Nexis Search from VT Statute website: http://vermont.gov/egovernment/laws&statutes.html

Vermont Statutes : TITLE 13 Crimes and Criminal Procedure :

PART 1 Crimes : CHAPTER 31. DISCRIMINATION : § 1455. Hate-motivated crimes.

§ 1455. Hate-motivated crimes

A person who commits, causes to be committed or attempts to commit any crime and whose conduct is maliciously motivated by the victim's actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the armed forces of the United States, handicap as defined by 21 V.S.A. § 495d(5), sexual orientation or gender identity shall be subject to the following penalties: <…>

Vermont Statutes : TITLE 13 Crimes and Criminal Procedure :

PART 1 Crimes : CHAPTER 33. INJUNCTIONS AGAINST HATE-MOTIVATED CRIMES : § 1458. Definitions.

§ 1458. Definitions

For purposes of this chapter only: <...>

6) "Protected category" includes race, color, religion, national origin, sex, ancestry, age, service in the armed forces of the United States, handicap as defined by 21 V.S.A. § 495d(5), sexual orientation and gender identity, and perceived membership in any such group.

In 1999, Misssouri amended their Hate Crime Statute to add “sexual orientation” to the list of protected classes and within the definition of sexual orientation:

"Sexual orientation", male or female heterosexuality, homosexuality or bisexuality by inclination, practice, identity or expression, or having a self-image or identity not traditionally associated with one's gender.

From Missouri State Statutes website: http://www.moga.state.mo.us/statutes/c500-599/5570035.htm

 Hate crimes--provides enhanced penalties for motivational factors in certain crimes--definitions.

557.035. 1. For all violations of subdivision (1) of subsection 1 of section 569.100, RSMo, or subdivision (1), (2), (3), (4), (6), (7) or (8) of subsection 1 of section 571.030, RSMo, which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the crime or crimes under this section, and the violation is a class C felony.

 2. For all violations of section 565.070, RSMo; subdivisions (1), (3) and (4) of subsection 1 of section 565.090, RSMo; subdivision (1) of subsection 1 of section 569.090, RSMo; subdivision (1) of subsection 1 of section 569.120, RSMo; section 569.140, RSMo; or section 574.050, RSMo; which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the crime or crimes under this section, and the violation is a class D felony.

 3. The court shall assess punishment in all of the cases in which the state pleads and proves any of the motivating factors listed in this section.

 4. For the purposes of this section, the following terms mean:

(1) "Disability", a physical or mental impairment which substantially limits one or more of a person's major life activities, being regarded as having such an impairment, or a record of having such an impairment; and

(2) "Sexual orientation", male or female heterosexuality, homosexuality or bisexuality by inclination, practice, identity or expression, or having a self-image or identity not traditionally associated with one's gender.

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In 2002, Pennsylvania amended their Hate Crime Statute to explicitly add “gender or gender identity” to the list of protected classes.

Statutes are not available online [View House Bill 118-79]

 From Center for Lesbian and Gay Rights at

http://www.center4civilrights.org/PAhclaw.htm  [Has online Senate Amended Act]

In Pennsylvania, the hate-crimes law is called "The Ethnic Intimidation Act." The Ethnic Intimidation Act (18 Pa.C.S. 2710) provides for harsher penalties for crimes motivated by hate. However, the law does not encompass crimes committed against actual or perceived sexual orientation, gender or gender identity.

 Read press article from Pittsburgh Channel 4

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In 2003, New Mexico enacted their Hate Crime Statute to explicitly add “gender identity or expression”, with definition, to the list of protected classes.

Source is State of New Mexico Legislative website:

In 2003, Hawaii revised their Hate Crime Statute to explicitly add “gender identity or expression”, with definition, to the list of protected classes.

The New York State Attorney General’s office distributed a Hate Crimes manual to prosecutors.  This Hate Crimes Manual is a 71-page loose-leaf binder with tabs and appendices that cover every aspect of prosecuting a hate crime under New York's hate crimes law -- from investigation to charging, pretrial procedures, trial and sentencing. More specifically it provides an overview of the law; addresses how to identify and investigate a hate crime; discusses how to charge a hate crime; and provides information on pretrial procedures, jury selection, proving intent or motive, and sentencing.  The hate crimes law specifies that a person commits a hate crime if they commit an act or select a person "because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct." 

Crimes Against Transgender Persons

The manual states the Attorney General's position that transgender persons are covered under the new law since a violent act against a transgender person would be a hate crime based on gender. In a separate section in the manual on transgender persons, the manual clearly states, "Although the language of the statute does not specifically refer to 'transgender' as a protected characteristic, case law supports an application of the protection against gender bias to include crimes against transgendered persons."

 Note: Though ESPA has accepted the Attorney General’s clarification [below] on implicit coverage of “gender expression or identification”, the Transgender community takes exception to this implicit coverage as noted below by NYAGRA’s Hate Crime Representative:

Letter to the Hate Crime Coalition Member Organizations

7 August 2000

Dear Colleagues,

Those of you who have been in regular attendance at the monthly meetings of the Hate Crimes Bill Coalition are aware of the debate within the Coalition on the issue of transgender inclusion in the bill that was passed by the New York state legislature in June and signed into law by Governor Pataki. Members of the New York Association for Gender Rights Advocacy made a presentation to the HCBC at the Coalition’s November 1999 meeting, and in subsequent meetings, have argued the need for additional language to make that legislation fully and effectively inclusive of transgendered and gender-variant people. Now that the bill has been enacted, the issue of whether insistence by the HCBC on inclusion of transgender-specific language would diminish its chances for passage is moot. Hence the only question before us as a Coalition is whether we believe that transgendered people are as deserving of legal protection from hate crimes as everyone else in New York, or whether the transgender community – unlike any other group in this state – should accept something less than unambiguous inclusion under this law.

We in NYAGRA are more than willing to work with the Empire State Pride Agenda and other HCBC member organizations in attempting to secure a written directive from the Attorney General interpreting the new law as including all transgendered people, and we would also welcome written directives to that effect from individual district attorneys; but such statements – valuable as they would be – would constitute only an interpretation of the law and would be no substitute for explicit inclusion in the actual text of the statute. While we certainly hope that district attorneys will prosecute hate crimes against transgendered people under this statute, we also believe that more specific language in the actual text of the law itself is necessary to eliminate any uncertainty or ambiguity in that law. Indeed, the mere fact of a continuing debate on this issue is testimony to the ambiguity of the language of the statute and therefore of the need to amend it. It is important to send a clear and unambiguous message that hate crimes against transgendered people are unacceptable in this society; sadly, the current statute does not do that. The only guarantee of full and effective transgender inclusion in the new law would be an amendment to the law to add explicitly inclusive language. We therefore call upon the Coalition and its member organizations to endorse an amendment defining gender as follows:

The term ‘gender’ shall include actual or perceived sex and shall also include a person’s gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the legal sex assigned to that person at birth.

We in NYAGRA will not accept anything less than the unambiguous guarantee of full inclusion under this state’s hate crimes statute and the full equality of all transgendered and gender-variant people under law, and we invite the Hate Crimes Bill Coalition and its member organizations to join us in the effort to attain those objectives.

Sincerely,

Pauline Park
NYAGRA Representative to the Hate Crimes Bill Coalition
<mudang@ix.netcom.com>