Hate Crimes

Mission Statement

The University of California Irvine Police Department is dedicated in eradicating hate and promoting diversity to achieve tolerance among all community members.

It is the policy of the University Police Department, Irvine to maximize efforts, ensuring all residents of the University community enjoy the right to live free of crime motivated by a victim's race, ethnicity, gender, national origin, religion, disability, or sexual orientation.

We believe the unique nature of hate crimes require special attention from our agency. Hate crimes are given priority status.

Members of UCPD receive training in their identification and investigation. We take every possible action to identify and arrest the perpetrators and bring them to justice, as well as respond in a sensitive manner to the violence experienced by the victims, their families and community.

The UC Irvine Police Department works in partnership with campus organizations to refer victims to appropriate resources for assistance to reduce fear and tension which frequently occur as a result of hate crimes.



Objectives

  • Develop a partnership between law enforcement agencies and community groups to effect successful prosecution of hate crime perpetrators.

  • Promote mutual trust and respect among the community and law enforcement agencies working to eradicate hate.

  • Identify and track emerging patterns in bias motivated crimes.

  • Provide a comprehensive and uniform documentation of hate crimes and hate related activity.

  • Educate the community on the consequences of hate.

  • Create support networks to aid and assist survivors of hate crimes.




What is a Hate Crime?

A hate crime is a criminal offense committed against persons, property or society that is motivated, in whole or in part, by an offender's bias against an individual's or a group's perceived race, religion, ethnic/national origin, gender, age, disability or sexual orientation. Legal definitions of hate crimes vary. Check your state statutes for the definition of hate crime in your jurisdiction.

Hate incidents are those actions by an individual or group that, while motivated by bias, do not rise to the level of a criminal offense. Hate Crimes consist of:

  • Graffiti
  • Arson
  • Verbal Intimidation or Threats
  • Hate Mail (including email)
  • Harassment
  • Murder
  • Trespassing and Stalking
  • Physical assault and threats
  • Property Damage
  • Attacks with weapons


What is a Hate Incident

Not all expressions of hate or group bias rise to the level of hate crime as defined in standard federal statutes. Derogatory works or epithets directed against a member of a previously defined group because they are a member of such group, if not accompanied by a threat of harm with the ability to carry it out, are considered protected speech and not a hate crime. They do, however, constitute a hate-related incident.

Note - Tracking and analyzing hate incidents provides the needed information for the community to identify potential threats and assess the level of tension on their community. Report incidents to the Police or a campus official.



Community Trauma

Hate crimes victimize the entire community and may involve:

  • Victimization projected to all community members
  • Possibility of reactive crimes or copycat incidents
  • Sense of group vulnerability
  • Redirection of law enforcement resources
  • Community fear/tension
  • Community polarization
  • Loss of trust in criminal justice institutions
  • Public damage, i.e., buildings such as churches

Victim Trauma

  • Cncreased vulnerability to repeat attack
  • Extreme fear of certain groups
  • Deep personal crisis
  • Hopelessness
  • Acute shock and disbelief
  • Anger/desire for revenge
  • Sense of community/system betrayal
  • Shame and humiliation


What you can do about Hate Crimes?

Should you believe that you are a victim of a "Hate Crime" OR you have witnessed a "Hate Crime", you are strongly encouraged to contact your Police or Sheriff's Department. Be sure to provide specific details that would qualify the event as a "Hate Crime"; (I.e., the use of racial or ethnic slurs by the perpetrator during the event.) Provide as much detail as possible about the persons involved in the event and a description of a vehicle, if there was one observed. All of this information will greatly assist in the investigation, and the possible prosecution, of the perpetrators.

Laws Regarding Hate Crimes

      • Penal Code section 422.6 (a):
        Provides it is a misdemeanor to interfere by force or threat of force with a person’s state or federal statutory or constitutional rights because of his or her race, color, religion, ancestry, national origin, disability, gender or sexual orientation or because the victim is perceived to have one or more of these characteristics.

      • Penal Code section 422.6 (b):
        Provides it is a misdemeanor to damage a person's property because of his or her race, color, religion, ancestry, national origin, disability, gender, or sexual orientation or because it is perceived that he or she has one or more of the above characteristics.

      • Penal Code section 422.7:
        Provides that actions which are normally misdemeanors can become felonies if committed because of bigotry based on race color, religion, ancestry, national origin, disability, gender, or sexual orientation or because the victim is perceived to have one or more of the above characteristics.

      • Penal Code section 11411:
        Provides that it is a misdemeanor to cause a person to fear for his or her safety by displaying racist signs on the private property of another, without authorization, for the purpose of terrorizing the owner or occupant of that private property or in reckless disregard of the risk of terrorizing them; provides that it is a misdemeanor or a felony to engage in a pattern of conduct for the purpose of terrorizing the owner or occupant of that private property by placing a racist symbol on that property on two or more occasions; and provides that any person who burns or desecrates a cross or other religious symbol, knowing it to be a religious symbol, on the private property of another without authorization for the purpose of terrorizing the owner or occupant or in reckless disregard of terrorizing them, or who burns, desecrates or destroys a cross or other religious symbol, knowing it to be a religious symbol, on the property of a primary school, junior high school or high school, for the purpose of terrorizing any person who attends, works at or is otherwise associated with the school shall be guilty of a felony or misdemeanor.


How to Report a Hate Crime

      • Reporting Hate Crimes and incidents, even those that you might not consider "serious" is important to monitoring and stopping future incidents. By keeping detailed information on incidents, you can strengthen the case of official action.
      • Write down exactly what happened. Try to include as much specific detail as possible in your account.
      • Record precisely where and when the incident occurred.
      • If anyone was with you or saw what happened, record their names and phone numbers as well. Ask them to write an account of what they witnessed and sign and date this document.
      • Record names or detailed descriptions of the perpetrators.
      • Make photocopies of hate mail or other documentation. Keep the originals.
      • Keep a careful log of hate calls and make a tape of hate calls on your answering machine.
      • Photograph physical injuries, offensive graffiti and evidence of vandalism.
      • Give the responding officer or official complete information to ensure the incident is documented as bias-related.
      • Record the officer's name and badge number.


Compensation

If an identified suspect is convicted, you may be eligible for compensation for the cost of damage to your property or for injuries you suffer.
You may also bring a civil action and recover legal fees and compensation for up to three times the actual damages plus a civil penalty of up to $10,000.