Penal Code § 422.6 PC – Committing a Hate Crime in California

Penal Code § 422.6 PC is the California hate crime statute that makes it illegal to interfere with another person’s civil rights because of that person’s (actual or perceived) protected characteristics.

These characteristics include the person’s

• disability,
• gender,
• nationality,
• race or ethnicity,
• religion,
• sexual orientation, and/or
• association with a person or group with one or more of these actual or perceived characteristics.

Note that officers sometimes write this citation as

• 422.6 PC or
• 422.6 CPC.

In particular, the statute states that:

PC 422.6. (a) A person, whether or not acting under color of law, shall not, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of a right or privilege secured by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55. (b) A person, whether or not acting under color of law, shall not knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of a right or privilege secured by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55.

Offenses committed under this section are more commonly referred to as “hate crimes,” as defined under Penal Code 422.55.

Examples

• Michelle is a member of an anti-immigrant hate group and, while observing a pro-immigrant rally held by immigrants, she pushes them down and knocks over signs and posters.
• Kevin goes to a bar, notices a homosexual couple, and later beats up one of the men because of his sexual orientation.
• Paco, who disfavors Muslim people, vandalizes a neighborhood mosque.

Defenses

There are several effective legal defenses that we can raise on your behalf. These include showing that you:

• were not motivated by bias;
• acted under duress; and/or,
• were arrested without probable cause.

Penalties

A violation is charged as a misdemeanor or as a felony. A misdemeanor carries:

• misdemeanor (summary) probation,
• up to one year in county jail, and/or
• a fine of up to $5,000.

A felony carries:

• felony (formal) probation,
• 16 months, 2 year, or 3 years in jail, and/or
• a fine of $10,000.

Please note though that you will receive enhanced penalties if:

1. you committed a misdemeanor and a prosecutor can show that the offense was committed as a hate crime (as authorized under Penal Code 422.7), or
2. you committed a felony and a prosecutor can show that the offense was committed as a hate crime (as authorized under Penal Code 422.75).

Our California criminal defense attorneys will address the following in this article:

• 1. What is the legal definition of a hate crime under Penal Code 422.6?
• 2. What are the best defenses to this charge?
• 3. What is the potential jail time?
• 4. Are there related crimes?

Penal Code 422.6 PC is one of California’s hate crime statutes that makes it a crime for a person to interfere with another’s civil rights.

1. What is the legal definition of a hate crime under Penal Code 422.6?

Penal Code 422.6 is the California statute that makes it a crime to do certain acts because of another’s:

• disability,
• gender,
• nationality,
• race or ethnicity,
• religion,
• sexual orientation, and/or
• association with a person or group with one or more of these actual or perceived characteristics.¹

According to the statute and California’s model jury instructions, these “certain acts” include:

1. Willfully injure, intimidate, interfere with or threaten someone in a way that could prevent them from exercising their rights under the laws of California, the California Constitution, federal law, or the U.S. Constitution, or
2. Knowingly damage or destroy someone’s property for the purpose of interfering with their legal and constitutional rights.²

The policy behind the law is to protect the physical integrity of every person from unauthorized violence.³

2. What are the best defenses to this charge?

Here at Shouse Law Group, we have defended countless people charged with hate crimes. In our experience, the following defenses have proven very effective with California prosecutors, judges, and juries.

You were not motivated by bias

An offense can only amount to a hate crime if you committed an act because of a bias against a particular characteristic listed in PC 422.55 (such as, race, gender, disability, etc.). This means it is a legal defense to show that while you may have committed a crime, you did not do so out of any bias.

In these cases, we try to convince prosecutors that their evidence is too insufficient and unreliable to support a conviction. Plus we compile evidence indicating that you are not biased (examples include witness testimony or your recorded communications).

Bias can be very difficult for prosecutors to prove because they have no way of getting inside of your head. If we can show the prosecutors there is a reasonable doubt as to your intentions, they may agree to drop the hate crime charge.

You acted under duress

Duress is a legal defense in which you basically say: “He made me do it.” The defense applies to the very limited situation in which you commit an offense (here, a hate crime), because somebody threatened to kill you if the crime was not committed.

In these types of cases, we rely on such evidence as video surveillance and eyewitness accounts. Plus we dig up all the incriminating information we can on the person who threatened you. If the state sees that you were the victim in the situation, they should drop your charges.

There was no probable cause

The Fourth Amendment to the U.S. Constitution says that police must have probable cause before they can detain or arrest you.

If you were stopped or arrested for violating PC 626.10, and there was no probable cause, then we would ask the judge to exclude any evidence obtained following the improper stop/arrest. In many cases we handled, this exclusion resulted in the dismissal or reduction of the charges.

A violation of this crime can result in a fine and/or jail time or community service.

3. What is the potential jail time?

A violation of Penal Code 422.6 is a wobbler. This means it can be a misdemeanor or a felony. As a misdemeanor, a hate crime carries:

• misdemeanor (summary) probation,
• up to one year in county jail,
• a fine of up to $5,000, and
• 400 hours of community service.⁴

As a felony, a hate crime carries:

• felony (formal) probation,
• 16 months, 2 years, or 3 years in jail,
• a fine of up to $10,000, and
• 400 hours of community service.

Please note though that you will receive these enhanced penalties if:

1. you committed a misdemeanor and a prosecutor can show that the offense was committed as a hate crime,⁵ or
2. you committed a felony and a prosecutor can show that the offense was committed as a hate crime.⁶

Enhanced penalties mean:

• longer jail times,
• possible imprisonment in the California state prison, and
• greater fines.

4. Are there related crimes?

Assault – PC 240

Penal Code 240 PC is the California statute that makes assault a crime.

Per PC 240, a “simple assault” is an attempt to commit a violent injury to someone else.⁷

A violation of this statute is charged as a misdemeanor. The crime is punishable by:

• imprisonment in the county jail for up to six months, and/or
• a maximum fine of $1,000.⁸

Battery – PC 242

Penal Code 242 PC is the California statute that makes battery a crime.

Per PC 242, a “simple battery” consists of any willful and unlawful use of force or violence on someone else.⁹

A violation of PC 242 is charged as a misdemeanor in California. The penalties may include:

• a fine of up to $2,000, and/or
• up to six months in county jail.¹⁰

Disturbing a religious meeting – PC 302

Penal Code 302 PC makes it a crime to disturb a religious meeting.

Disrupting a religious service is a misdemeanor in California law. The potential penalties include:

• up to one year in county jail; and/or
• a fine of up to $1,000.¹¹

Legal References: