NCJ Number
142392
Date Published
1993
Length
4 pages
Annotation
Model hate-crime legislation promulgated by the Anti- Defamation League contains sections on institutional vandalism, intimidation, civil action, and bias crime reporting and training.
Abstract
Under the law, a person commits the crime of institutional vandalism by knowingly vandalizing, defacing, or otherwise damaging worship buildings, cemeteries, schools, or community centers, along with adjacent grounds and personal property contained in such facilities. The degree of sanction varies according to the amount of monetary damage. The intimidation section of the model statute provides for stepped-up criminal penalties for acts of intimidation, harassment, and vandalism in situations where persons or groups are victimized on account of their actual or perceived race, color, religion, nation origin, or sexual orientation. One provision of the model legislation creates a civil action for victims. Although these activities might currently be actionable in a common law tort suit, this provision makes it explicit. Most important, it provides for certain additional forms or relief, i.e., recovery of punitive damages and attorney's fees, and parental liability for minor children's actions. Under the model law, the State police or other State law enforcement agency shall establish and maintain a central repository for the collection and analysis of information regarding crimes that are motivated by bigotry or bias. The law also requires that the State police shall provide training for police officers in identifying, responding to, and reporting all criminal offenses motivated by race, color, religion, national origin, or sexual orientation.