Four Questions and Answers about Hate Crimes in Utah

News & Info

With tensions rising in seemingly every area of life, it’s not a surprise that criminal charges for hate crimes have also increased. According to statistics from the FBI Uniform Crime Reporting (UCR) Program, there were 46 hate crime incidents in Utah in 2020. In 2019 there were only 18. One of the major factors in determining whether a crime is charged as a hate crime is intent. Fighting against accusations based on your intent can be difficult, but the expert criminal defense lawyers at Brown, Bradshaw and Moffat can help. Below are three questions you may have about hate crimes and the associated charges in Utah.  

1. What types of hate crimes are there?

The FBI’s UCR breaks down hate crimes into three categories:

  • Crimes against persons
  • Crimes against property
  • Crimes against society

Additionally, the FBI breaks down the types of crimes into six bias categories:

  • Race/ethnicity/ancestry
  • Religion
  • Sexual orientation
  • Disability
  • Gender
  • Gender identity

2. What is considered a hate crime in Utah?

A hate crime in Utah* must check both of the boxes below:

  1. Committing a “primary offense”
  2. With the intent to “intimidate or terrorize” another person or with reason to believe that the action would intimidate or terrorize

Primary Offenses

A primary offense is considered a misdemeanor offense for the following crimes:

  • assault
  • property destruction
  • criminal trespass
  • theft
  • obstructing government operations
  • interfering with activities of colleges and universities
  • offenses against public order and decency
  • telephone abuse
  • cruelty to animals
  • weapons offenses
  • disorderly conduct at an official meeting

Intimidate or Terrorize

To intimidate or terrorize is defined as the following:

  1. An act which causes a person to fear for their physical safety or damages the property of that person or another. The act must be accompanied with the intent to cause or has the effect of causing a person to reasonably fear to freely exercise or enjoy any right secured by the Constitution or laws of the state or by the Constitution or laws of the United States.

*The information in this section is a summary of the Utah code. For the full details, see the website.

3. What are the penalties for committing a hate crime in Utah?

Committing a hate crime increases the penalty/severity of the primary offense charges by one degree. For example

  • A class C misdemeanor primary offense is a class B misdemeanor
  • A class B misdemeanor primary offense is a class A misdemeanor

4. How do I find a defense lawyer for hate crimes in Utah?

If you have committed a crime that was deemed a hate crime, it is crucial that you find an experienced defense lawyer to help with your case. Since proving intent to terrorize is crucial to the prosecution of these crimes, prosecutors may push for charges that don’t accurately represent your intent. The defense lawyers at Brown, Bradshaw and Moffat have decades of experience fighting back against criminal hate crime charges and are ready to work on your defense.

Contact us at (801) 532-5297 if you have questions about your hate crime charges or if you want to get started on your defense.


More Articles

How to Find Help for Your Reckless Driving Case in Utah
If you are charged with reckless driving, you’ll be getting more than just a traffic ticket from the officer who pulls you over. The crime of reckless driving in Utah is considered a class B misdemeanor, which means if you are found guilty, you could face a fine of up to $1,000 or up to six months in jail. But what counts as reckless driving?
Read More →
Navigating Possible Penalties for a  Criminal Conviction in Utah
If you find yourself in the unfortunate situation of being arrested, two of the biggest questions on your mind are likely “How will I be penalized if I’m convicted?” and “How do I reduce the severity of that penalty?” While there is no way to predict the penalty a judge chooses, there are facts you should know about the process that will give you a better idea. But first, it’s important to understand how the penalty structure in Utah will affect your sentencing.
Read More →
law office in Utah
Assault Crimes: How Do I Defend My Case?
Violent crimes charges, such as assault, can carry heavy consequences, especially in Utah. Prosecutors and law enforcement tend to put a lot of effort into assault cases. This means you need someone in your corner who is skilled at fighting back. That’s where the attorneys at Brown, Bradshaw, and Moffat come in.
Read More →

Defend your case with the best criminal defense attorneys in Utah

Get a confidential case evaluation

Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah.​ The use of this form for communication with our personnel does not establish an attorney-client relationship.

SALT LAKE CITY OFFICE
422 N 300 W
Salt Lake City, UT 84103
24/7 CALL LINE
801.532.5297

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.