Information on Charging Hate Crimes Under Massachusetts Law

Hate Violence Should Be Charged Under At Least 3 Statutes:

• Hate Crimes Penalties Act, G.L. c.265, Sec. 39;

• Civil Rights Criminal Statute, G.L. c.265, Sec. 37; and a

• Generic Criminal Statute, most usually,

  • Simple Assault or Assault and Battery, G.L. c.265, Sec. 13A
  • Assault and Battery with Dangerous Weapon, G.L. c.265, Sec. 15A(b)
  • Mayhem, G.L. c.265, Sec. 14
  • Assault with Intent to Murder or Maim, G.L. c.265, Sec. 15
  • Assault with Dangerous Weapon, G.L. 15B(b)

Property Damage With A Bias Motive Violates At Least Two Statutes:

• Hate Crimes Penalties Act, G.L. c.265, Sec. 39; and

• One of the Statutes Against Malicious Vandalism:

  • Vandalism of Real or Personal Property of Another, G.L. c. 266, Sec. 126A
  • Vandalism of Houses of Worship, Cemeteries, Memorials, and Schools, G.L. c.266, Sec. 127A
  • Other Vandalism of Intangible or Tangible Personal Property, Residence, or Building of Another, G.L. c.266, Sec. 127

Threats and Harassment Implicate 2 or More Statutes

• Civil Rights Criminal Statute, G.L. c.265, Sec. 37

• Civil Action by Attorney General for Injunction, G.L. c.12, Sec. 11H

• Civil Action by Victim for Injunction and Damages, G.L. c. 12, Sec. 11I

• Criminal Violation of Civil Rights Injunction or Restraining Order, G.L. c.12, Sec. 11J

• Crime of Stalking, G.L. c.265, Sec. 43

• Criminal Harassment, G.L. c.265, Sec. 43A