What is a Bias Crime?
Bias Crime Offense is the legal term used for these types of crimes. The motivation for the suspect targeting a particular person was based on their belief about the victims' membership in one of the legally prescribed categories. In the state of Arizona, these categories are:
- Race
- Color
- Religion
- Ancestry
- National origin
- Gender
- Sexual orientation
- Gender expression or identity
- Mental, physical, or sensory handicap
This type of classification can be applied to nearly any criminal offense, including but not limited to; assault, aggravated assault, criminal damage, threat of harm, harassment, and disorderly conduct can be a violation of federal law, state, or municipal code.
Even if the victim does not belong to a certain protected status, if they were selected because they were perceived to be of that status, that is still considered a bias crime.
Reporting a Bias Crime
If the incident is happening now, call 911 immediately.
If the incident occurred in the past, or the immediate danger is over and there are no injuries, call (602) 262-6151.
When reporting a Bias crime:
- Ask the officer to make a note in their report that you believed the incident was motivated by your inclusion in a protected category.
- If you can, give the officer the exact wording of what was said, regardless of how offensive it is.
- If there are witnesses to the incident, point them out to officers at the scene.
If the case meets the criteria for a hate crime, your case will be forwarded to the Bias Crime Unit or another detective for a follow up investigation.
Phoenix Police Officers will not ask about immigration status and reporting an incident to us will not be reported or shared with immigration services.
When is an incident not considered a Bias crime?
A Bias crime must include a crime. A crime can be defined as the following:
- When a person assaults the victim or another person
- When a person causes physical damage to or destroys the property of another person
- When a person makes threats that causes a person or group to have reasonable fear of harm to their person or property
Free speech is not a Bias crime. Although offensive and derogatory language is hurtful and harmful, hateful speech is protected by the Constitution and can be expressed if it does not accompany a crime. For example, if a person uses insulting or derogatory words but does not place another person in reasonable fear of harm to their person or property, this is not a crime.
Bias Crimes, Crimes with Bias Elements, and Bias Incidents
The Phoenix Police Department recognizes that even non-criminal Bias incidents can still be harmful to the community. The Phoenix Police Department documents and tracks crimes that contain bias elements and non-criminal bias incidents.
A crime with bias elements is any crime where the suspect does not target the victim for their protected status, but the suspect uses a derogatory comment directed at the victim's protected status or group. For example, if the suspect is in the process of committing another crime and calls the victim a derogatory name, it does not automatically mean it is a Bias crime.
A bias incident is most often an offensive derogatory comment directed at a person's protected status. While not criminal in nature, the comments may cause a level of fear and concern within the targeted community.
If it is found that there is no directly enforceable action that can be taken by police, this does not mean that what happened wasn't wrong. Sometimes, victims have the option of bringing a civil cause of action against the suspect, which carries a lower burden of proof than criminal enforcement. The suspect may be liable to the victim for actual damages, punitive damages and reasonable attorney's fees and other incurred costs. You will need to contact a private attorney to start a civil action.
