With recent changes throughout the United States and the flags, it is possible that the use/flying of a Rebel Flag may be additional evidence to characterize the offense as a HATE CRIME. Since the government cannot know what you are thinking, they use evidence to infer your thoughts. For example, if a defendant uses derogatory names, it is evidence of your motive. Additionally, a rebel flag shirt, belt or bumper sticker may be utilized as evidence of prejudice.
A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias. For the purposes of collecting statistics, Congress has defined a hate crime as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, ethnic origin or sexual orientation.” Hate itself is not a crime—and the FBI is mindful of protecting freedom of speech and other civil liberties.
Kentucky has separate law relating to hate crimes under KRS 532.031 Hate crimes — Finding — Effect.
*KRS 508 relates to assaults, KRS 509 – kidnapping, KRS 510 – sexual offenses, KRS 512 – property damage, KRS 513 – arson and KRS 525 – riot and disorderly conduct.
If you have been charged with a criminal offense, and more particularly with a hate crime, you need a criminal defense attorney. For consultation in Northern Kentucky, call Michael Bouldin at 859-581-6456 or email at firstname.lastname@example.org.