Hate and Bias Resources

What is the legal definition of a hate crime?

It’s important to know that in order to be considered a hate crime, an incident must reach the level of being a crime. It’s also important to note that Wisconsin state statutes define hate crimes as an enhancer to a separate underlying crime. For example, if an individual is charged with battery, and there is probable cause to believe the battery was motivated by an element of hate as defined in the statute, the hate crime enhancer could be charged as well.

Wis. Stat. 939.645 – Hate Crime Enhancer

  1. If a person does all of the following, the penalties for the underlying crime are increased as provided in sub. (2):
    1. Commits a crime under chapters 939 to 948.
      1. Intentionally selects the person against whom the crime under par. (a) is committed or selects the property that is damaged or otherwise affected by the crime under par. (a) in whole or in part because of the actor’s belief or perception regarding the race, religion, color, disability, sexual orientation, national origin or ancestry of that person or the owner or occupant of that property, whether or not the actor’s belief or perception was correct.

What should I do if I think I might be a victim of a hate crime?

Contact the Whitewater Police Department to report the incident. An officer will speak with you and review the facts of the case. If there is probable cause to believe a crime was committed, charges will be referred to the appropriate District Attorney’s Office. If there is also probable cause to believe the crime was committed as a result of one of the perceptions defined in the hate crime enhancer statute, the hate crime enhancer charge will also be referred to the appropriate District Attorney’s Office. If no crime was committed, the officer will refer you to additional reporting resources available.

What other resources are available in the event the situation does not rise to the level of a hate crime?

  • U.S. Department of Justice Civil Rights Division

Even if the incident doesn’t rise to the level of a hate crime, it’s important to report the information. Hate incidents are acts of prejudice that are not crimes and do not involve violence, threats, or property damage. Some hate incidents may be unlawful discrimination.

  1. Report hate incidents to the Civil Rights Division at civilrights.justice.gov
    1. The VictimConnect Resource Center helps victims of crimes, including hate crimes, find local support services

Additional Resources

US DOJ Reporting Hate Crimes and Hate Incidents