HATE CRIMES

What You Need to Know to Protect Yourself and Others:

In California, you can be a victim of a hate crime if you have been targeted because of your:

• Race or ethnicity
• Nationality
• Religion
• Gender
• Sexual orientation
• Physical or mental disability
• Your association with a person or group with one or more of these “actual” or “perceived” characteristics.

Please note, the above listed characteristics are examples, and other bases for actual or perceived protected social group characteristics exist.

Hate Crime or Hate Incident?

It is important to know the difference between a hate crime and a hate incident.

A hate incident is an action or behavior motivated by hate but legally protected by the First Amendment right to freedom of expression.

Examples of hate incidents include:

• Name-calling
• Insults,
• Distributing hate materials in public places,
• Displaying hate material on your own property.

The U.S. Constitution allows hate speech as long as it does not interfere with the civil rights of others. If a hate incident starts to threaten a person or property, it may become a hate crime.

A hate crime is a crime against a person, group, or property motivated by the victim’s real or perceived protected social group. The law protects against many classes of hate crimes. 

HOW TO SPOT A HATE CRIME

Signs that a crime was motivated by hate may include: 

• The offender chose the victim or property because they belonged to a protected group, like a certain religion or gender.
• The offender made written or verbal comments showing a prejudice.
• The crime happened on a date that is important for the victim’s or offender’s protected group.
• There is organized hate activity in the area. 

If you witness a hate crime, you should report the crime to the Novato Police Department.

A hate incident is an action or behavior motivated by hate but legally protected by the First Amendment right to freedom of expression. If a hate incident starts to threaten a person or property, it may become a hate crime. 

WHAT TO DO IF YOU WITNESS A HATE CRIME

For crimes occurring in Novato, report the crime to the Novato Police Department. Report Hate crimes online or by calling 415-897-1122. If hate crimes are not reported, the hate crimes may continue.

If you are a hate crime victim, you should:

• Contact the police right away!
• Get medical attention (if you need it).
• Write down the exact words that were said.
• Make notes about any other facts so you don’t forget them.
• Save all evidence (e.g. graffiti, egg shells, writing on victim’s vehicle). If safe, wait until police arrive and take photos.
• Get names, addresses, phone numbers, and emails of other victims and witnesses.
• Try to get a description from any eyewitnesses of the criminal or the vehicle.
• Contact community organizations in your area that respond to hate crimes.

INFORMATION FOR VICTIMS

The California Victim’ Bill of Rights Act (Marsy’s Law) gives you these important legal rights:

• Get Money for Your Losses: Apply for money to cover your property losses, medical expenses, lost wages, and other losses.
• Say How the Crime Impacted You: Tell the court how the crime impacted your life before the defendant is sentenced.
• Get Information About the Criminal Case: Ask the prosecutor for certain information about the case.
• Get Orders From the Court:  The court can make orders that could help you, such as a protective order to keep the defendant away from you or an order to pay attorney fees if you hired a lawyer to help with your case. The court may also order the defendant to pay you $25,000 or more for violating your civil rights. (Talk to a lawyer about your rights under the Ralph Act and the Bane Act). 

*California law prohibits law enforcement authorities from asking individuals, including those who are reporting or are victims of potential crimes, about their immigration status, unless the information is necessary to certify the victim for a U visa (victim of crime visa) or T visa (victim of human trafficking visa). 

WHERE TO FIND HELP

Marin County District Attorney’s Office Hate Crime Hotline 415-473-2585 (English, Spanish, Farsi, Vietnamese) 

American Civil Liberties Union of Northern California 415-621-2488

County of Marin Health and Human Services Access and Assessment Line 888-818-1115 (24 hours)

North Marin Community Services 415-897-4147 

Not In Our Town

California Attorney General Victims’ Services Unit 877-433-9069, TTY: 800-735-2929 

California Victim Compensation Board 800-777-9229