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this post was submitted on 18 Dec 2023
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Definition
Iowa Code ¬ß 708.3 defines hate crimes as criminal offenses committed with the intent of intimidating or coercing someone due to prejudice against a group of people based on their ‚race, color, religion, ancestry, national origin, political affiliation, sex, or sexual orientation.‚ Such hate crimes include both physical and verbal acts of aggression, property damage, and threats of harm.
Types of Charges
Under Iowa law, the scope of behavior considered to be a hate crime includes, but is not limited to, assaults, aggravated assaults, stalking, criminal mischief, destruction of property, and intimidation. The degree of seriousness of an offense can increase if it has been determined to be a hate:based crime. This can occur if such motivation can be demonstrated; this determination is normally made by prosecutors. If a criminal charge meets the criteria of an Iowa hate crime, the offense can be charged as a separate hate crime.
Aggravating Factors
If there is sufficient evidence to support the presence of hate:based motivations in an offense, the charge may be upgraded to a more serious offense. The possible upgrades include assigning a simple misdemeanor or aggravated misdemeanor offense, instead of a simple misdemeanor, or increasing the level of felony charge by one or two levels. For example, if a suspect committed a burglary in a home and it can be clearly established that the offense was motivated by racism, the charge can be enhanced to a Class C Felony. Alongside such upgrades, hate:based crimes can attract additional conditions during sentencing.