Picking up exactly where this morning’s post left off: is it a hate crime if the defendant intended to intimidate a person or group by committing a crime against someone else or must the crime be committed against them personally? The two lawyers seem to think the former; Kelly agrees with Eugene Volokh that it’s the latter. The statute itself is a mixed bag. From section 485.00, setting forth the legislative findings:

The intolerable truth is that in these crimes, commonly and justly referred to as “hate crimes”, victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation.

That tilts towards Kelly and Volokh since the victim, i.e. Pace, wasn’t selected on that grounds. But here’s the hate crimes provision in section 485.05:

1. A person commits a hate crime when he or she commits a specified offense and either:

(a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or

(b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.

Subsection (b) decouples hateful intent from the choice of victim which makes me think the two lawyers are correct on the law as it stands. The question now will be whether it’s constitutional under Supreme Court precedent.

In any case, you’re really watching for Kelly’s point near the end about CAIR. Pace claims they haven’t had any dealings with them about this case. Don’t you believe it.