Hate Crimes
What is Maine's Law on Hate Crimes
17 MRS §2931 states, “A person may not, by force or threat of force, intentionally injure, intimidate or interfere with, or intentionally attempt to injure, intimidate or interfere with or intentionally oppress or threaten any other person in the free exercise or enjoyment of any right or privilege, secured to that person by the Constitution of Maine or laws of the State or by the United States Constitution or laws of the United States.” Violation of this statute is a Class D crime, punishable by up to 364 days incarceration and a $2,000 fine.
17-A MRS §§38, 108, and 201 prohibit, “the use of what is referred to as the ‘gay and trans panic defense.’”
17-A MRS §507 addresses the intentional defacement or desecration of “any public monument or structure, any place of worship or burial or any private structure not owned” by the perpetrator.
Maine’s sentencing provisions take into consideration “the selection by the person of the victim or of the property that was damaged or otherwise affected by the crime because of the race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation, gender identity or homelessness of the victim or of the owner or occupant of that property” (see 17-A MRS §1501).
Maine’s Civil Rights Act provides for “the right to engage in lawful activities without being subject to physical force or violence, damage or destruction of property, trespass on property, the threat of physical force or violence, damage or destruction of property or trespass on property or any conduct that would cause a reasonable person to suffer emotional distress or to fear death or bodily injury to that person or a close relation motivated by reason of race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation or gender identity” (see 5 MRS §4684-A).
As part of Maine’s uniform crime reporting law, 25 MRS §1544, “The [State Bureau of Investigation] shall establish…a category for crimes that manifest evidence of prejudice based on race, religion, disability, sexual orientation, gender identity or ethnicity…”
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10/16/2024 A-Z List
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