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Hate Crime Data Collection Guidelines and Training Manual

This document provides guidelines and training materials for law enforcement to use in identifying, categorizing, and reporting hate crime data to the FBI's Uniform Crime Reporting (UCR) Program. It has been updated to reflect changes to the UCR Program, including the transition to solely collecting data through the National Incident-Based Reporting System, and the addition of new bias motivations and offense categories. The guidelines establish criteria for determining if a crime was motivated by bias, provide definitions of bias types and related terms, and include case study examples and learning modules to train law enforcement on recognizing and reporting hate crimes accurately.

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0% found this document useful (0 votes)

87 views92 pages

Hate Crime Data Collection Guidelines and Training Manual

Uploaded by

nakibalam223

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

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Criminal Justice Information

Services (CJIS) Division

Uniform Crime Reporting (UCR) Program

Hate Crime
Data Collection Guidelines
And Training Manual
Version 3.0
Document Date: 3/1/2022

Prepared by:
Global Law Enforcement Support Section (GLESS)
Crime and Law Enforcement Statistics Unit (CLESU)
CHANGE DESCRIPTIONS

Revision Change Description Date

1.0 Initial Release 12/19/2012
2.0 • Additions of new bias types, definitions, and scenarios for 2/27/2015
the religion and the race/ethnicity/ancestry bias categories
scheduled for implementation in 2015.
• Reorganization of some material.
• Numbering of manual sections for ease of reference.
3.0 • National Incident-Based Reporting System (NIBRS) 3/1/2022
Transition – Removal of all Summary Reporting System
information.
• Removal of NIBRS verbiage.
• Addition of all federal and tribal offenses.
• Addition of new anti-Asian scenarios and tips for working
with bias crime victims.
• Revisions of gender identity scenarios to add non-binary
verbiage.
Preface

On January 1, 2021, the Federal Bureau of Investigation (FBI) Uniform Crime Reporting (UCR)
Program retired the Summary Reporting System (SRS) and transitioned to collecting crime data
solely through the National Incident-Based Reporting System (NIBRS). This transition provides
more detailed and complete crime statistics to law enforcement, the public, and community
leaders. The FBI UCR Program has updated the Hate Crime Data Collection Guidelines and
Training Manual to remove the information for reporting Hate Crime data via the SRS, remove
NIBRS verbiage, add federal and tribal offenses, as well as anti-Asian training scenarios. In
addition, revisions have been made to the sexual orientation training scenarios to incorporate
non-binary verbiage.

This publication is intended to assist law enforcement agencies in establishing an updated hate
crime training program so their personnel can collect and submit hate crime data to the FBI
UCR Program. In addition to providing suggested model reporting procedures and training aids
for capturing the new bias motivations, the manual is written to raise law enforcement officers’
awareness of the hate crime problem. The FBI UCR Program is grateful to all who have assisted
in preparing this publication.

Version 3.0, 3/1/2022 ii

TABLE OF CONTENTS

1. INTRODUCTION ................................................................................................................. 1

1.1 Purpose and Scope ........................................................................................................ 1

1.2 The Nature of Hate Crime .............................................................................................. 1

1.3 Background ................................................................................................................... 1

1.3.1 Legislative Mandate to Report Hate Crime ............................................................... 1
1.3.2 Developing a Collection Approach ........................................................................... 2

1.4 Conclusion .................................................................................................................... 3

2. CRITERIA OF A HATE CRIME................................................................................................ 4

2.1 Bias Motivation ............................................................................................................. 4

2.2 Objective Evidence the Crime was Motivated by Bias .................................................... 6

2.3 Cautions ....................................................................................................................... 7

3. DEFINITIONS FOR HATE CRIME STATISTICS COLLECTION ..................................................... 9

3.1 General Program Terms ................................................................................................ 9

3.2 Disability Bias and Associated Terms ............................................................................. 9

3.3 Gender Bias and Associated Terms .............................................................................. 10

3.4 Gender Identity Bias and Associated Terms ................................................................. 10

3.5 Race/Ethnicity/Ancestry Bias and Associated Terms .................................................... 11

3.6 Religious Bias and Associated Terms ............................................................................ 13

3.7 Sexual-Orientation Bias and Associated Terms............................................................. 15

4. SCENARIOS OF BIAS MOTIVATION.................................................................................... 17

5. SUBMITTING HATE CRIME DATA TO THE FBI UCR PROGRAM ............................................ 23

5.1 Offenses for Which Data Element 8A, Bias Motivation, is Applicable............................ 23
5.2 Data Element 8A, Bias Motivation ............................................................................... 25

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6. LEARNING MODULES FOR RECOGNIZING AND REPORTING HATE CRIMES ......................... 26

6.1 Use of the Enclosed Learning Modules ........................................................................ 26

6.1.1 Overview of Learning Module One......................................................................... 26
6.1.2 Overview of Learning Module Two ........................................................................ 26

6.2 LEARNING MODULE ONE: Hate Crime Reporting Model: The Two-Tier Decision Making
Process ………… ................................................................................................................... 27
6.2.1 Module Description ............................................................................................... 27
6.2.2 Course Objectives .................................................................................................. 27
6.2.3 Definitions for Hate Crime Statistics Collection ...................................................... 27
6.2.4 Procedures and Criteria ......................................................................................... 29

6.3 LEARNING MODULE TWO: Case Studies of Potential Bias-Related Crimes.................... 34

6.3.1 Module Description ............................................................................................... 34
6.3.2 Course Objectives .................................................................................................. 34
6.3.3 Rules for the Exercise Session ................................................................................ 34
6.3.4 Case Exercises ....................................................................................................... 34

APPENDIX A LEGISLATION ................................................................................................. 40

APPENDIX B UCR OFFENSE DEFINITIONS ........................................................................... 42

B.1 UCR Offense Codes and Definitions ................................................................................ 42

B.2 Mutually Exclusive/Lesser Included Offenses ................................................................. 69

APPENDIX C UCR HATE CRIME STATISTICS DATA ............................................................... 71

APPENDIX D THE OFFICE OF MANAGEMENT AND BUDGET’S (OMB) RACE/ETHNICITY

STANDARDS………………………………………………………………………………………………………………………..72

APPENDIX E DISTINGUISHING SEXUAL ORIENTATION, GENDER IDENTITY, ANTI-

TRANSGENDER, AND ANTI-GENDER NONCONFORMING CRIMES .......................................... 73

E.1 Sexual Orientation vs. Gender Identity-Motivated Crimes .............................................. 73

E.2 Anti-Transgender vs. Anti-Gender Nonconforming Motivated Crimes ............................. 74

E.3 Working with Transgender Victims/Witnesses ............................................................... 74

E.4 Reporting Victim Sex if an Anti-Transgender Bias Occurs ................................................ 75

APPENDIX F DISTINGUISHING BETWEEN ANTI-ARAB, ANTI-HINDU, ANTI-MUSLIM, AND

ANTI-SIKH HATE CRIMES ...................................................................................................... 76

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F.1 Special Considerations when Working with Victims from Arab, Hindu, Muslim, Sikh, and
South Asian Communities .................................................................................................... 76

F.2 Identifying Anti-Arab Hate Crimes .................................................................................. 77

F.2.1 Working with Arab Victims/Witnesses ................................................................... 77

F.3 Identifying Anti-Hindu Hate Crimes ................................................................................ 77

F.3.1 Hindu vs. Indian/South Asian ...................................................................................... 78
F.3.2 Working with Hindu Victims/Witnesses....................................................................... 78

F.4 Identifying Anti-Sikh Hate Crimes ................................................................................... 78

F.4.1 Working with Sikh Victims/Witnesses .................................................................... 78

APPENDIX G IDENTIFYING HATE CRIMES AGAINST PERSONS WITH DISABILITIES…………………80

APPENDIX H DEPARTMENT OF JUSTICE, COMMUNITY RELATIONS SERVICE, REGIONAL

OFFICES……………………………………………………………………………………………………………………………… 80

APPENDIX I ORGANIZATIONS OFFERING INFORMATION CONCERNING ANTI-BIAS

EDUCATION…………………………………………………………………………………………………………………………85

List of Tables

Table 1: Bias Motivation by Category and Type ..................................................................... 5

Table 2: Group A Offenses for Which Data Element 8A, Bias Motivation, Is Applicable ........ 23
Table 3: Offense Lookup Table ............................................................................................ 57
Table 4: Mutually Exclusive/Lesser Included Offenses ......................................................... 69

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1. INTRODUCTION

1.1 Purpose and Scope

This manual is intended to assist law enforcement agencies (LEAs) in reporting incidents of hate
crime to the Federal Bureau of Investigation’s (FBI) Uniform Crime Reporting (UCR) Program. It
addresses policy, the types of bias crime to be reported, how to identify a hate crime, and
guidelines for reporting hate crime.

Federal law requires the FBI to collect hate crime data from federal, state, local, tribal, and
college/university law enforcement, however the law does not require those agencies to
submit hate crime data to the FBI UCR Program. Their participation in the hate crime statistics
collection is voluntary. Conversely, it is mandatory for federal law enforcement agencies to
report hate crime data to the FBI UCR Program. It is the law enforcement officers within these
agencies who investigate offenses, determine those motivated by bias, and report them as
known hate crimes that have made crucial contributions to the success of the hate crime
statistics collection. Without their continued support and participation in identifying bias-
motivated crimes, the FBI would be unable to annually publish Hate Crime Statistics. This
partnership and, ultimately, this publication serve as the cornerstone in raising the nation’s
awareness about the occurrence of bias-motivated offenses.

1.2 The Nature of Hate Crime

In his work entitled, Taking Rights Seriously, Ronald Dworkin, Ph.D., stated that “justice as
fairness rests on the assumption of a natural right of all men and women to equality of concern
and respect, a right they possess not by virtue of birth or characteristics or merit or excellence,
but simply as human beings.” Dr. Dworkin’s words reflect the Constitutional protections that
are guaranteed to all Americans. And yet, there are those who are victimized, sometimes subtly
and other times very overtly, for no reason other than the color of their skin, the religion they
profess, the heritage of their parents, the disability they possess, their sexual orientation, their
gender, or their gender identity. Not only is the individual who is personally touched by these
offenses victimized, but the entire class of individuals residing in the community is affected.

1.3 Background

1.3.1 Legislative Mandate to Report Hate Crime

In response to a growing concern about hate crimes, on April 23, 1990, Congress passed the
Hate Crime Statistics Act. This law required the Attorney General (AG) to collect data “about
crimes that manifest evidence of prejudice based on race, religion, sexual orientation, or
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ethnicity.” The AG delegated the responsibilities of developing the procedures for
implementing, collecting, and managing hate crime data to the Director of the FBI, who in turn
assigned the tasks to the FBI UCR Program.

Under the direction of the AG and with the cooperation and assistance of many local and state
LEAs, the FBI UCR Program created a hate crime statistics collection to comply with the
congressional mandate. The FBI UCR Program’s first publication on the subject was Hate Crime
Statistics, 1990: A Resource Book, which was a compilation of hate crime data reported by 11
states that had collected them under state authority in 1990 and were willing to offer their data
as a prototype. The program continued to work with agencies familiar with investigating hate
crimes and collecting related information so it could develop and implement a more uniform
method of data collection on a nationwide scale. Hate Crime Statistics, 1992, presented the first
data reported by LEAs across the country that participated in the UCR hate crime statistics
collection.

1.3.2 Developing a Collection Approach

The primary emphasis in developing an approach for collecting national hate crime statistics
was to avoid placing new reporting burdens on LEAs contributing data to the FBI UCR Program.
To accomplish this goal the following decisions were made.

1.3.2.1 The Hate Crime Statistics Collection is an Adjunct to the UCR Collection

Hate crimes are not separate, distinct crimes, but rather traditional offenses motivated by the
offender’s bias. For example, an offender may commit arson because of their racial bias. It is,
therefore, unnecessary to create a whole new crime category. To the contrary, hate crime data
can be collected by merely capturing additional information about offenses already being
reported to the FBI UCR Program.

1.3.2.2 The Types of Bias Motivation to be Reported are Limited

There are many kinds of bias. Some of the more common kinds are those against race, sexual
orientation, or religion. There are also biases against rich people, poor people, the elderly,
people who dress differently, smokers, drinkers, people who are overweight, etc. The types of
bias to be reported to the FBI UCR Program are limited to those mandated by the Hate Crime
Statistics Act and its subsequent amendments.

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1.3.2.3 Two-Tier Decision-Making Process

Once the development of this collection was complete, the FBI UCR Program surveyed state
UCR Program managers on hate crime collection procedures used at various LEAs which
collected hate crime data employing a two-tier decision-making process. The first level is the
law enforcement officer who initially responds to the alleged hate crime incident, i.e., the
“responding officer” (or “first-level judgment officer”). It is the responsibility of the responding
officer to determine whether there is any indication the offender was motivated by bias. If a
bias indicator is identified, the officer designates the incident as a “suspected bias-motivated
crime” and forwards the case file to a “second-level judgment officer/unit.” (In smaller agencies
this is usually a person specially trained in hate crime matters, while in larger agencies it may be
a special unit.)

It is the task of the second-level judgment officer/unit to review the facts of the incident and
make the final determination of whether a hate crime has actually occurred. If so, the incident
is to be reported to the FBI UCR Program as a bias-motivated crime.

1.3.2.4 Amendments Expand the Hate Crime Statistics Collection

Lawmakers amended the Hate Crime Statistics Act to include bias against persons with
disabilities by passing the Violent Crime and Law Enforcement Act of 1994 in September of that
year. The FBI started gathering data for the additional bias type on January 1, 1997. Next, the
Church Arson Prevention Act, which was signed into law in July 1996, removed the sunset
clause from the original statute and mandated the hate crime statistics collection become a
permanent part of the FBI UCR Program. Finally, in October 2009, the Matthew Shepard and
James Byrd, Jr. Hate Crimes Prevention Act amended the Hate Crime Statistics Act under
Division E of Public Law 111-84, the National Defense Authorization Act for Fiscal Year 2010. As
a result, the FBI UCR Program now captures statistics on hate crimes based on gender and
gender identity prejudices as well as hate crimes committed by/directed against juveniles.
(Appendix A provides the referenced legislation as amended.)

1.4 Conclusion

The enactment of the Hate Crime Statistics Act of 1990 and its subsequent amendments
requiring the collection and publication of nationwide hate crime statistics underscores the
emphasis placed on hate crime. National statistics have resulted in greater awareness and
understanding of the true dimensions of the problem nationwide. Those charged with the
enforcement of the law will be better able to quantify their resource needs and direct available
resources to the areas where they will have the most effectiveness. Likewise, community
service organizations and groups will be better able to respond to the needs of the victims.

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2. CRITERIA OF A HATE CRIME

2.1 Bias Motivation

The FBI UCR Program collects hate crime data regarding criminal offenses motivated, in whole
or in part, by the offender’s bias against a race, religion, disability, sexual orientation, ethnicity,
gender, or gender identity. Due to the difficulty of ascertaining the offender’s subjective
motivation, bias is to be reported only if investigation reveals sufficient objective facts to lead a
reasonable and prudent person to conclude that the offender’s actions were motivated, in
whole or in part, by bias. The specific types of bias to be reported, along with their UCR bias
codes, are listed below. (More information about some types of biases is provided in Section
6.3, Learning Module Two.)

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Table 1: Bias Motivation by Category and Type

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Note: Incidents that do not involve any facts indicating bias motivation on the part of
the offender are to be coded as 88 = None, and incidents involving ambiguous facts (i.e.,
where some facts are present but are not conclusive) should be coded as 99 = Unknown.
The intent of bias motivation code 99 = Unknown is to allow an agency to report a crime
in which bias motivation is unknown or when the investigation has not been completed.
When it is determined the presence of bias motivation is conclusive, the reported bias
motivation code 99 = Unknown should be modified to indicate the results of the
subsequent investigation. LEAs should be diligent in modifying these types of
situations as they become known. A review of year-end hate crime data should have
few, if any, hate crimes coded as 99 = Unknown.

2.2 Objective Evidence the Crime was Motivated by Bias

An important distinction must be made when reporting a hate crime. The mere fact the
offender is biased against the victim’s actual or perceived race, religion, disability, sexual
orientation, ethnicity, gender, and/or gender identity does not mean that a hate crime was
involved. Rather, the offender’s criminal act must have been motivated, in whole or in part, by
their bias.

Motivation is subjective; therefore, it is difficult to know with certainty whether a crime was the
result of the offender’s bias. For that reason, before an incident can be reported as a hate
crime, sufficient objective facts must be present to lead a reasonable and prudent person to
conclude that the offender’s actions were motivated, in whole or in part, by bias. While no
single fact may be conclusive, facts such as the following, particularly when combined, are
supportive of a finding of bias.

1. The offender and the victim were of a different race, religion, disability, sexual
orientation, ethnicity, gender, and/or gender identity. For example, the victim was
African American, and the offender was white.

2. Bias-related oral comments, written statements, or gestures were made by the

offender indicating their bias. For example, the offender shouted a racial epithet at the
victim.

3. Bias-related drawings, markings, symbols, or graffiti were left at the crime scene. For
example, a swastika was painted on the door of a synagogue, mosque, or LGBT+ center.

4. Certain objects, items, or things which indicate bias were used. For example, the
offenders wore white sheets with hoods covering their faces or a burning cross was left
in front of the victim’s residence.

5. The victim is a member of a specific group that is overwhelmingly outnumbered by

other residents in the neighborhood where the victim lives and the incident took place.
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6. The victim was visiting a neighborhood where previous hate crimes had been
committed because of race, religion, disability, sexual orientation, ethnicity, gender, or
gender identity and where tensions remained high against the victim’s group.

7. Several incidents occurred in the same locality, at or about the same time, and the
victims were all the same race, religion, disability, sexual orientation, ethnicity, gender,
or gender identity.

8. A substantial portion of the community where the crime occurred perceived that the
incident was motivated by bias.

9. The victim was engaged in activities related to their race, religion, disability, sexual
orientation, ethnicity, gender, or gender identity. For example, the victim was a member
of the National Association for the Advancement of Colored People (NAACP) or
participated in an LGBT+ pride celebration.

10. The incident coincided with a holiday or a date of significance relating to a particular
race, religion, disability, sexual orientation, ethnicity, gender, or gender identity, e.g.,
Martin Luther King Day, Rosh Hashanah, or the Transgender Day of Remembrance.

11. The offender was previously involved in a similar hate crime or is a hate group
member.

12. There were indications a hate group was involved. For example, a hate group
claimed responsibility for the crime or was active in the neighborhood.

13. An established animosity existed between the victim’s and the offender’s groups.

14. The victim, although not a member of the targeted racial, religious, disability, sexual
orientation, ethnicity, gender, or gender identity group, was a member of an advocacy
group supporting the victim group.

2.3 Cautions

Need for Case-by-Case Assessment of the Facts—The aforementioned factors are not all-
inclusive of the types of objective facts which show evidence of bias motivation. Therefore,
reporting agencies must examine each case for facts which clearly provide evidence the
offender’s bias motivated him/her to commit the crime.

Misleading Facts—Agencies must be alert to misleading facts. For example, the offender used
an epithet to refer to the victim’s race, but the offender and victim were of the same race.

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Feigned Facts—Agencies must be alert to evidence left by the offenders which is meant to give
the false impression the incident was motivated by bias. For example, students of a religious
school vandalize their own school, leaving anti-religious statements and symbols on its walls in
the hope they will be excused from attending class.

Offender’s Mistaken Perception—Even if the offender was mistaken about the victim’s race,
religion, disability, sexual orientation, ethnicity, gender, or gender identity, the offense is still a
hate crime as long as the offender was motivated, in whole or in part, by bias against that
group. For example, a middle-aged, heterosexual man walking by a bar frequented by gay men
was attacked by six teenagers who mistakenly believed the victim had left the bar and was gay.
Although the offenders were wrong on both counts, the offense is a hate crime because it was
motivated by the offenders’ anti-gay bias.

Changes in Findings of Bias—If, after an initial incident report was submitted, a contrary finding
regarding bias occurs, during the investigation, the FBI UCR Program file must be updated with
the new finding. For example, if an initial finding of no bias was later changed to racial bias or a
finding of racial bias was later changed to religious bias, the change should be reported to the
FBI UCR Program. However, an agency should not update its report based on the findings of a
court, coroner, or jury or the decision of a prosecutor.

Working with Victims of Bias Crimes—Law enforcement should always approach crime victims
and witnesses with a trauma informed approach that is culturally sensitive and respectful.
Victims and witnesses may be more likely to provide greater detail about the crime when
approached in this manner, which will lead to better prepared cases. This is especially true
when these individuals are faced with a traumatic situation. They may revert to the language
they are most familiar with to adequately express themselves and process what has happened
to them. To that end, investigators are best served if they start by asking a crime victim or
witness directly how they can most effectively communicate with each other, what language
they are most comfortable speaking in, and how the investigator can best assist them. Most
victims and witnesses prefer to have these issues immediately addressed, rather than endure
further uneasiness or be uncomfortable throughout an entire interview.

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3. DEFINITIONS FOR HATE CRIME STATISTICS COLLECTION

To ensure uniformity in reporting nationwide, the FBI UCR Program has adopted the following
definitions for use in hate crime reporting. When possible, source documents from which the
definitions were derived are provided in parenthesis. In addition, parts of speech are given for
newer terminology.

3.1 General Program Terms

Bias–A preformed negative opinion or attitude toward a group of persons based on their race,
religion, disability, sexual orientation, ethnicity, gender, or gender identity.

Bias Crime–A committed criminal offense that is motivated, in whole or in part, by the
offender’s bias(es) against a race, religion, disability, sexual orientation, ethnicity, gender, or
gender identity; also known as hate crime.

Note: Even if the offender was mistaken in their perception the victim was a member of
the group the offender was acting against, the offense is still a bias crime because the
offender was motivated by bias against the group.

Hate Crime–Bias Crime.

Hate Group–An organization whose primary purpose is to promote animosity, hostility, and
malice against persons of or with a race, religion, disability, sexual orientation, ethnicity,
gender, or gender identity which differs from that of the members or the organization, e.g., the
Ku Klux Klan, American Nazi Party.

3.2 Disability Bias and Associated Terms

Disability Bias–A preformed negative opinion or attitude toward a group of persons based on
their physical or mental impairments, whether such disability is temporary or permanent,
congenital or acquired by heredity, accident, injury, advanced age, or illness.

Mental Disability–Any mental impairment or psychological disorder such as organic

brain syndrome, emotional or mental illness, and specific learning disabilities.
(Americans with Disabilities Act)

Physical Disability–Any physical impairment; any physiological disorder or condition,

cosmetic disfigurement, or anatomical loss affecting one or more of the following body
systems: neurological, musculoskeletal, special sense organs, respiratory (including

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speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and
lymphatic, skin, and endocrine. (Americans with Disabilities Act)

3.3 Gender Bias and Associated Terms

Gender Bias—(noun) A preformed negative opinion or attitude toward a person or group of

persons based on their actual or perceived gender, i.e., male or female.

Gender—(noun) This term is used synonymously with sex to denote whether a newborn is
male or female at birth, e.g., “it’s a boy” or “it’s a girl.”

Male – An individual that produces small usually motile gametes (as spermatozoa or
spermatozoids) which fertilize the egg of a female. (Merriam-Webster Dictionary)

Female – An individual of the sex that bears young or produces eggs. (Merriam-Webster
Dictionary)

3.4 Gender Identity Bias and Associated Terms

Gender Identity Bias–A preformed negative opinion or attitude toward a person or group of
persons based on their actual or perceived gender identity, e.g., bias against transgender or
gender nonconforming individuals.

Gender Identity–(noun) A person’s internal sense of being male, female, or a non-binary

identity that is a combination of both or neither; that internal sense of a person’s gender
may be different from the person’s gender as determined at birth.

Note: A transgender person may express their gender identity through gender
characteristics, such as clothing, hair, voice, mannerisms, or behaviors that do not
conform to the gender-based expectations of society.

Gender Nonconforming–(adjective) Describes a person who does not conform to the

gender-based expectations of society, e.g., a woman dressed in traditionally male
clothing or a man wearing makeup.

Note: A gender nonconforming person may or may not be an LGBT+ person but
may be perceived as such. Additional information is provided in Appendix E.

Transgender–(adjective) Of or relating to a person who identifies as a different gender

from their gender as assigned at birth, including non-binary people.

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Note 1: Transgender people may also self-identify as “transsexual.” Non-binary
people may self-identify as “androgynous,” “genderfluid,” or “third gender.”
Additional information is provided in Appendix E.

Note 2: A transgender person may outwardly express their gender identity all
the time, part of the time, or none of the time; a transgender person may or may
not decide to change their body to medically conform to their gender identity.

3.5 Race/Ethnicity/Ancestry Bias and Associated Terms

Note: When the FBI’s Hate Crime Statistics Collection was initially implemented, racial
bias was reported as a separate category and ethnicity bias was reported as
ethnicity/national origin bias. It was then modified by the Office of Management and
Budget’s (OMB’s) 1997 Revision to the Standards for the Classification of Federal Data
on Race and Ethnicity. With the revised race and ethnicity categories and the addition of
an ancestry (a subcategory of ethnicity), the OMB advised the program to publish the
data in the combined category of Race/Ethnicity/Ancestry Bias.

Racial Bias–A preformed negative opinion or attitude toward a group of persons who possess
common physical characteristics, e.g., color of skin, eyes, and/or hair, facial features, etc.,
genetically transmitted by descent and heredity which distinguish them as a distinct division of
humankind, e.g., Asians, Blacks or African Americans, Whites.

Ethnicity Bias–A preformed negative opinion or attitude toward a group of people whose
members identify with each other, through a common heritage, often consisting of a common
language, common culture (often including a shared religion) and/or ideology that stresses
common ancestry. The concept of ethnicity differs from the closely related term race in that
“race” refers to grouping based mostly upon biological criteria, while “ethnicity” also
encompasses additional cultural factors.

Ancestry Bias–A preformed negative opinion or attitude toward a group of people based on
their common lineage or descent.

Race/Ethnicity/Ancestry Bias Types

American Indian or Alaska Native–A person having origins in any of the original peoples
of North and South America (including Central America) and who maintains tribal
affiliation or community attachment. This category includes persons from the following
tribal affiliations: Navajo, Blackfeet, Inupiat, Yup’ik, or Central American Indian groups
or South American Indian groups. (Census)

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Arab–A person having origins, and/or ancestry, in any of the Arabic speaking peoples of
Lebanon, Syria, Palestine, Jordan, Iraq, Saudi Arabia, Yemen, Oman, United Arab
Emirates, Qatar, Bahrain, Kuwait, Egypt, Libya, Tunisia, Comoros, Algeria, Morocco,
Sudan, Djibouti, Mauritania, and Somalia.

Asian–A person having origins in any of the original peoples of the Far East, Southeast
Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan,
Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. This category
includes persons from the following nationalities: Asian Indian, Bangledeshi, Bhutanese,
Bermese, Cambodian, Chinese, Filipino, Hmong, Indonesian, Japanese, Korean, Laotian,
Malaysian, Nepalese, Pakistani, Sri Lankan, Taiwanese, Thai, Vietnamese, Other Asian,
specified; Other Asian, not specified. (Census)

Black or African American–A person having origins in any of the Black racial groups of
Africa. This category includes persons from the following nationalities or groups: African
American, Kenyan, Nigerian, or Haitian. (Census)

Hispanic or Latino–A person of Cuban, Mexican, Puerto Rican, South or Central

American, or other Spanish culture or origin, regardless of race. Includes people from
Hispanic or Latino groups such as Dominican Republic; Central American (excludes
Mexican)–Costa Rican, Guatemalan, Honduran, Nicaraguan, Panamanian, Salvadoran,
Other Central American; South America–Argentinian, Bolivian, Chilean, Columbian,
Ecuadorian, Paraguayan, Peruvian, Uruguayan, Venezuelan, Other South American;
Spaniard–all other Hispanic or Latino.

Multiple Races, Group–A group of persons having origins from multiple racial
categories.

Native Hawaiian or Other Pacific Islander–A person having origins in any of the original
peoples of Hawaii, Guam, Samoa, or other Pacific Islands. This category includes persons
from the following nationalities: Fijian, Guamanian or Chamorro, Marshallese, Native
Hawaiian, Other Micronesian, Other Pacific Islander, not specified; Other Polynesian,
Samoan, Tongan. (Census)

Other Race/Ethnicity/Ancestry–A person of a different race/ethnicity/ancestry than is

otherwise included in this combined category.

White–A person having origins in any of the original peoples of Europe, the Middle East,
or North Africa. This category includes persons from the following nationalities: Irish,
German, Italian, Lebanese, Arab, Moroccan, or Caucasian. (Census)

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3.6 Religious Bias and Associated Terms

Religious Bias–A preformed negative opinion or attitude toward a group of persons who share
the same religious beliefs regarding the origin and purpose of the universe and the existence or
nonexistence of a supreme being, e.g., Catholics, Jews, Protestants, atheists.

Note 1: The following list of religions represents most of the major religions in the United
States. A general explanation is provided for each religion. Neither this list of religions nor
the definitions provided are all-inclusive.

Note 2: In many instances, a law enforcement officer will become aware of a victim’s
religious affiliation by information provided by the victim (i.e., self-reporting) or by people
who have a personal relationship with the victim.

Agnostic–A person who believes the existence or nature of an ultimate reality, such as a
deity, is unknown, and probably unknowable. (Merriam-Webster Collegiate Dictionary
[Eleventh Edition, 2003]; the Encyclopedia Britannica Micropedia Ready Reference [15th
Edition, 2010])

Atheist–A person who does not believe in the existence of a deity. (Merriam-Webster
Collegiate Dictionary [Eleventh Edition, 2003]; the Encyclopedia Britannica Micropedia
Ready Reference [15th Edition, 2010])

Buddhist–A person who follows the religion of eastern or central Asia that grew out of
the teaching of Siddhartha Gautama, the Buddha, or Enlightened One. People of this
faith believe that suffering is inherent in life and that one can be liberated from it by
mental and moral self-purification by following the Four Noble Truths and the Eightfold
Path in order to reach nirvana. (Merriam-Webster Collegiate Dictionary [Eleventh
Edition, 2003]; the Encyclopedia Britannica Micropedia Ready Reference [15th Edition,
2010])

Catholic–A person who follows the monotheistic religion of Catholic Christianity,

especially that of the Roman Catholic Church. Followers of this faith believe the
teachings of the Bible, and place emphasis on church traditions, including the historical
continuity of the church, the Pope as the head of the church, and the requirement of
celibacy of those in the priesthood. (Merriam-Webster Collegiate Dictionary [Eleventh
Edition, 2003]; the Encyclopedia Britannica Micropedia Ready Reference [15th Edition,
2010])

Eastern Orthodox (Russian, Greek, Other)–A person who follows the monotheistic
religion of the Eastern Christian Church. This faith follows the teachings of the Bible and
church traditions, accords primacy of honor to the Patriarch of Constantinople as head
of the church and adheres to the decisions of the First Seven Ecumenical Councils and
the Byzantine Rite. (Merriam-Webster Collegiate Dictionary [Eleventh Edition, 2003];
the Encyclopedia Britannica Micropedia Ready Reference [15th Edition, 2010])
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Hindu–A person who observes the traditions and practices of the dominant religion of
India, which include acceptance of the sanctity of the Vedas (sacred texts); the
understanding of one Divine Reality manifested in multiple forms; acceptance of the
laws of karma (principle of cause and effect), dharma (righteous modes of conduct),
belief in reincarnation, and the ultimate spiritual goal of enlightenment (moksha). (The
Encyclopedia Britannica Micropedia Ready Reference [15th Edition, 2010])

Islamic (Muslim)–A person who follows the monotheistic religion of Muslims, which
includes belief in Allah as the sole deity and in Muhamad as his prophet. Practitioners of
the Islamic faith follow the teachings of the Koran and practice the Five Pillars of Islam:
praying, fasting during Ramadan, almsgiving, pilgrimage, and declaration of faith.
(Merriam-Webster Collegiate Dictionary [Eleventh Edition, 2003]; the Encyclopedia
Britannica Micropedia Ready Reference [15th Edition, 2010])

Jehovah’s Witness–A person who follows the religion founded by Charles Taze Russell.
Members witness by distributing literature and by personal evangelism of beliefs in the
theocratic rule of God, the sinfulness of organized religions and governments, and an
imminent millennium. The activities of Jehovah’s Witnesses are governed by the
Watchtower Society which makes all major decisions, interprets the Bible, and counsels
Witnesses using Watchtower materials. Members of the faith are often seen giving
generously of their time in proclaiming their faith and teaching in private homes.
(Merriam-Webster Collegiate Dictionary [Eleventh Edition, 2003]; the Encyclopedia
Britannica Micropedia Ready Reference [15th Edition, 2010])

Jewish (Judaism)–A person who identifies himself or herself as a member of the

religious and/or ethnic group that descended from the ancient Hebrews and is
characterized by belief in one transcendent God who revealed Himself to Abraham,
Moses, and the Hebrew prophets. Jewish religious practice is based on the Hebrew
Scriptures (the “Torah”) and rabbinic laws and customs. (Merriam-Webster Collegiate
Dictionary [Eleventh Edition, 2003]; the Encyclopedia Britannica Micropedia Ready
Reference [15th Edition, 2010])

Church of Jesus Christ (Mormon)–A person who follows the Church of Jesus Christ of
Latter-day Saints tracing its modern origin to Joseph Smith and accepting the Book of
Mormon as scripture. Latter-day Saints consider the following writings to be scripture:
1) The Holy Bible; 2) The Book of Mormon, Another Testament of Jesus Christ; 3) The
Doctrine and Covenants; and 4) The Pearl of Great Price. Mormons are often associated
with members of the faith who serve as full-time volunteer missionaries in the U.S. and
abroad. (Merriam-Webster Collegiate Dictionary [Eleventh Edition, 2003]; the
Encyclopedia Britannica Micropedia Ready Reference [15th Edition, 2010])

Multiple Religions, Group–A group of persons demonstrating a commitment or

devotion to religious faith or observance based upon multiple faiths.

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Other Christian–A person who follows other denominations or nondenominational
religions based on the life and teachings of Jesus Christ but not described above.
Examples of these religions include Metaphysical-Christ Church Unity, Spiritualist,
Unity/Unitarianist, Unity Church, Universalist, and Other Metaphysical. (Pew Research
Center)

Other Religions–A person who follows other non-Christian religions not described
above. Examples of these religions include the Baha’I Faith, Jainism, Shintoism, Taoism,
Tenrikyo, Wicca, and Zoroastrainism. (Pew Research Center)

Protestant–A person who follows the monotheistic religion of Christianity that is not
part of Catholic or Eastern Orthodox faith. Members of this faith affirm the Reformation
principles of justification by faith alone, the priesthood of all believers, and the primacy
of the Bible as the only source of revealed truth. Moreover, believers deny the universal
authority of the Pope and some churches are governed by federated councils on the
local, national, and international levels. (Merriam-Webster Collegiate Dictionary
[Eleventh Edition, 2003]; the Encyclopedia Britannica Micropedia Ready Reference [15th
Edition, 2010])

Sikh–A person who follows the monotheistic religion of India founded about 1500 by
Guru Nanak and marked by rejection of idolatry and caste. Sikhs follow the teachings of
10 gurus, study from the religion’s primary sacred text (i.e., the Guru Granth Sahib), and
worship in Gurdwaras. Some members of the Sikh faith may be distinguished by the
dastarr (Sikh turban) and five religious articles: kesh (unshorn hair, including a beard),
kanga (wooden comb), kara (steel bracelet), kachera (short trousers), and kirpan
(religious article resembling a sword). (Merriam-Webster Collegiate Dictionary [Eleventh
Edition, 2003]; the Encyclopedia Britannica Micropedia Ready Reference [15th Edition,
2010])

Note 1: Sikhism is its own distinct religion and is not considered a blend of
Hinduism or Islam.

Note 2: In the United States, the majority of people wearing a turban are most
likely to be a member of the Sikh faith. Sikhs from South Asia were also considered
an ethno-religious category in the 2020 Census.

3.7 Sexual-Orientation Bias and Associated Terms

Sexual-Orientation Bias–(noun) A preformed negative opinion or attitude toward a person or

group of persons based on their actual or perceived sexual orientation.

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Sexual Orientation–(noun) The term for a person’s physical, romantic, and/or emotional
attraction to members of the same and/or opposite sex, including lesbian, gay, bisexual,
and heterosexual (straight) individuals.

Note: The terms “sexual preference” or “lifestyle” are considered offensive by many
members of the lesbian, gay, or bisexual communities.

Bisexual–(adjective) Of or relating to people who are physically, romantically, and/or

emotionally attracted to both men and women.

Gay–(adjective) Of or relating to people who are physically, romantically, and/or

emotionally attracted to people of the same sex.

Note: Generally, this word is used to refer to gay men, but may also be used to
describe women. The term “gay” is preferred over the term “homosexual.” For
FBI UCR Program purposes, however, if reporting an anti-gay bias, the victim
should be a male.

Heterosexual–(adjective) Of or relating to people who are physically, romantically,

and/or emotionally attracted to people of the opposite sex.

Note: The term “straight” is a synonym.

Homosexual–(adjective) Of or relating to people who are physically, romantically,

and/or emotionally attracted to people of the same sex.

Note: This is an outdated clinical term considered derogatory and offensive by

many people. Current journalistic standards restrict usage of the term, “Lesbian”
and/or “gay” accurately describes those who are attracted to people of the same
sex.

Lesbian–(adjective) Of or relating to women who are physically, romantically, and/or

emotionally attracted to other women.

Note: Some lesbian women prefer to be described as gay women; preferred

over the term “homosexual;” may be used as a noun. For FBI UCR Program
purposes, however, if reporting an anti-gay bias, the victim should be a male.

LGBT+–(noun) Common initialism for “lesbian, gay, bisexual, and transgender+,” used
here to refer to community organizations or events that serve lesbian, gay, bisexual,
transgender, and allied people.

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4. SCENARIOS OF BIAS MOTIVATION

The following scenarios offer guidance on how to report hate crime. Based on the facts
available, explanations after each scenario provide, as applicable, the known offense(s) and
the bias type(s) that law enforcement would report. The number of victims has been added
to some of the incidents for clarification purposes. * For further instruction regarding cases
with ambiguous facts, see scenarios Y and Z.

A. A group home for persons with psychiatric disabilities who were in transition back into
the community was the site of a reported arson. Investigation revealed that neighbors
had expressed many concerns in town meetings about the group home and were angry
the house was located in their community. Shortly before the fire was reported, a
witness heard a man state, “I’ll get rid of those ‘crazies,’ I’ll burn them out.” Twelve
persons, including patients and staff, suffered 2nd and 3rd degree burns.

Offenses–Aggravated Assault (12 victims) and Arson (1 arson). An Anti-Mental Disability

Bias should be reported with this incident since the suspect apparently committed the
crime due to his bias against persons with psychiatric disabilities.

B. Someone threw a rock breaking a window in a Syrian-owned convenience store. The

store had signs written in Arabic displayed in the window and outside the store. The
rock, which had a disparaging message about the owner’s Arab ancestry, struck the
owner in the head, which caused a gash requiring medical attention.

Offenses–Aggravated Assault and Destruction/Damage/Vandalism of Property. This

incident should be reported with an Anti-Arab Race/Ethnicity/Ancestry Bias since the
evidence indicates the victim was targeted due to his ancestral descent.

C. In a parking lot next to a bar, a 29-year-old Japanese American male was attacked by a
51-year-old white male wielding a tire iron. The victim suffered severe lacerations and a
broken arm. Investigation revealed the offender and victim had previously exchanged
racial insults in the bar. The offender initiated the exchange by calling the victim by a
well-known and recognized epithet used against the Japanese and complained the
Japanese were taking away jobs from Americans.

Offense–Aggravated Assault. An Anti-Asian Racial Bias should be reported with this

incident based on the difference in race of the victim and offender, the exchange of
racial insults, and the absence of other reasons for the attack.

D. A group of Asian women were chatting at an outdoor café when a man came up to them
and started shouting “Speak English! We speak English in America!” When one of the
women started to object, the man punched her, causing a bruise on her cheek.

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Offense–Simple Assault. This incident should be reported with an Anti-Asian
Race/Ethnicity/Ancestry Bias because the evidence indicates the victims were targeted
due to their language barrier.

E. Late in the night, a group of individuals broke into a local LGBT+ Center. The group
painted well-known and recognized LGBT+ epithets on the walls and stole the gay pride
rainbow flag that was flown above the front door of the center.

Offenses–Burglary and Destruction/Damage/Vandalism of Property. This incident should

be reported with an Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group) Sexual-
Orientation Bias based on the offender’s intent; the property crime was clearly meant to
intimidate the employees and patrons of the center.

F. Two Palestinian university students speaking in Arabic were attending a department

reception when another student, a white male, deliberately bumped into one of them.
When one Palestinian student said, “Hey, watch where you’re going,” the white student
responded by saying, “I’ll go wherever I want. This is my country, you Arab!” The
aggressor proceeded to punch the Palestinian student in the face.

Offense–Simple Assault. This incident should be reported as Anti-Arab

Race/Ethnicity/Ancestry Bias since the evidence indicates the victim was targeted due to
his ancestral descent.

G. Overnight, unknown persons broke into a synagogue and destroyed several priceless
religious objects. The perpetrators drew a large swastika on the door and wrote “Death
to Jews” on a wall. Although other valuable items were present, none were stolen.

Offenses–Burglary and Destruction/Damage/Vandalism of Property. This incident should

be reported with an Anti-Jewish Religious Bias because the offenders destroyed priceless
religious objects and left anti-Semitic words and graffiti behind, and theft did not appear
to be the motive for the burglary.

H. A transgender woman was walking down the street near her home when three men
walking toward her said, “Hey, what’s your problem? Huh?” She kept walking, trying to
ignore them. However, as they got close, one yelled “We don’t want no queers in this
neighborhood!” and a second one knocked her to the ground.

Offense–Simple Assault. An anti-gay slur was used during this attack because this term
was more familiar to the assailants and similar terms are often used interchangeably
when referring to anti-gay or anti-transgender/gender nonconforming persons. This
incident should be reported with an Anti-Transgender Gender Identity Bias because the

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victim was attacked for presenting as a female despite having been assigned male at
birth.

I. A young heterosexual white man went to several Asian spas where he shot six female
staff members and patrons. Three of the women succumbed to their injuries. After
being apprehended, the suspect told police that he believed he had a “sex addiction”
and had gone to the spas to “eliminate temptation.”

Offenses–Murder (3) and Aggravated Assault (3). This incident should be reported with
an Anti-Female Gender Bias because the suspect’s statements about sex addiction and
eliminating temptation demonstrate that he targeted the women based on their gender.

J. An assailant ran by a Sikh pedestrian, shoved him to the ground, forcibly pulled his
Dastaar (Sikh turban) and said, “Take that thing off your head–we don’t want your kind
in this neighborhood!” In the process of the attack, the victim suffered a concussion.
When law enforcement responded to the scene, a witness to the attack recognized the
offender as a clerk at a local convenience store near a predominantly Sikh community.

Offense–Aggravated Assault. This incident should be reported with an Anti-Sikh Religious

Bias because the evidence indicates the victim was targeted due to his Dastaar and the
assailant’s ongoing dealings with the Sikh community.

K. An assailant ran by a Sikh pedestrian, shoved him to the ground, forcibly pulled his
Dastaar (Sikh turban) and said, “Take that thing off your head—we don’t want Arabs in
this neighborhood!” In the process of the attack the victim suffered a concussion.
When law enforcement responded to the scene, a witness to the incident heard the
victim say he hated Arab people.

Offense—Aggravated Assault. This incident should be reported with an Anti-Arab

Race/Ethnicity/Ancestry Bias because the evidence indicates the victim was targeted due
to his ancestral descent.

Note: This scenario provides an example of the offender’s mistaken perception.

Although the victim was Sikh, the evidence indicated the offender believed the
victim was of Arab descent.

L. As a woman entered a local hardware store, she heard someone yell, “Hey there lady,
you wanna be a man? You look like a man.” She was wearing painting coveralls and had
short hair. After making her purchase, she left the store only to see the same individual
that had yelled at her slashing her tires. The man fled the scene after spotting her
coming out of the store.

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Offense–Destruction/Damage/Vandalism of Property. An Anti-Gender Nonconforming
Gender-Identity Bias should be reported with this incident since the issue was her
clothing and haircut.

M. Six black men assaulted and seriously injured a white man and his Asian male friend as
they were walking through a residential neighborhood. Witnesses stated the victims
were attacked because they were trespassing in a “black” neighborhood.

Offense–Aggravated Assault (2 victims). An Anti-Multiple Race, Group Racial Bias should

be reported with the incident because the victims and offenders were of different races,
and witnesses reported the victims were attacked due to the fact they were not Black or
African American.

N. A vandal defaced a Gurdwara (Sikh House of Worship) with graffiti using well-known
and recognized Sikh epithets.

Offense–Destruction/Damage/Vandalism of Property. This incident should be reported

with an Anti-Sikh Religious Bias because the evidence indicates the Gurdwara and its
congregants were targeted because of their religious affiliation.

O. Five gay, male friends, some of whom were wearing makeup and jewelry, were exiting a
well-known gay bar when they were approached by a group of men who were unknown
to them. The men began to ridicule the gay men’s feminine appearance and shouted
“Sissy!” “Girlie-men!” and other slurs at them which then escalated to physically
attacking the victims, rendering them unconscious.

Offense–Aggravated Assault (5 victims). This incident should be reported with an Anti-

Gay Sexual-Orientation Bias and an Anti-Gender Nonconforming Gender-Identity Bias
because the perpetrators viewed some of the victims as inappropriately crossing gender
lines.

P. An Asian man who worked at a grocery store was told by a patron “You keep away from
me. And take your filthy disease back to China.” Upon leaving work at the end of his
shift, the victim found his windshield smashed. Review of security footage showed his
car was vandalized by the person who had verbally abused him.

Offense–Destruction/Damage/Vandalism of Property. The incident should be reported

with an Anti-Asian Race/Ethnicity/Ancestry Bias because many people blame Chinese
Americans – and Asian Americans with origins from other parts of Asia – for COVID-19,
associating the origins of the Coronavirus in China with people perceived to be Chinese.

Q. A transgender woman was waiting at a bus stop when she was approached by a man
with a history of violent assaults and a previous hate crime conviction. The man
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physically assaulted the victim, breaking her arm, and then called her a “she-male” and
other slurs. The police confirmed the victim had been simply waiting at the bus stop and
the assault was completely unprovoked.

Offense–Aggravated Assault. An Anti-Transgender Gender-Identity Bias should be

reported with this incident because the victim was selected solely because of her gender
identity and the assailant used an anti-transgender slur during the assault.

R. A man entered a community college and shot and killed a female in a corridor. He then
entered a classroom with 10 women and 48 men, fired a shot into the ceiling and said, “I
want the women! I hate feminists!” He sent all the men from the room, lined the
women up against the wall and opened fire, killing 6 of the women and wounding the
others.

Offenses–Murder (7 victims) and Aggravated Assault (4 victims). This incident should be

reported with an Anti-Female Gender Bias because the offender said, “I want the
women! I hate feminists!” He also removed all the men and shot only the women.

S. An African American man had just finished a midnight riverboat cruise with his fiancée
and friends when he escorted his blind, male friend by the arm into a restroom while
holding his girlfriends’ purse. Inside the restroom, another man shouted anti-black and
anti-gay insults at the men. The perpetrator followed them out of the restroom,
continuing his verbal harassment. He then went to his car, retrieved a gun, returned to
confront the men and said, “Now what have you got to say?” The perpetrator fired the
gun killing one of the men.

Offenses–Murder (1 victim) and Aggravated Assault (1 victim). This incident should be

reported with an Anti-Black African American Racial Bias and Anti-Gay (Male) Sexual-
Orientation Bias because the perpetrator used exclusively anti-black and anti-gay slurs
and acted out on his mistaken perception that the victim was gay.

T. On a cold morning, two Latino immigrant brothers huddled together to stay warm as
they walked down the street. Suddenly, two African American men attacked them. The
attackers punched the brothers, causing minor injury, while using anti-gay and anti-
Latino slurs. The attackers then fled the scene.

Offense–Simple Assault. This incident should be reported with an Anti-Gay (Male)

Sexual- Orientation Bias and Anti-Hispanic or Latino Race/Ethnicity/Ancestry Bias
because the perpetrators were motivated by the perceived sexual orientation and
race/ethnicity of the brothers, as evidenced by using both anti-gay and anti-Latino slurs.

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U. An Egyptian American high school student was on his way to meet friends to play
basketball when he was attacked by a gang. The gang chased him, shouting anti-Arab
curses and threats. The student ran to a parked taxi nearby, opened the door, and slid
inside. However, the gang caught hold of him and pulled him outside before the taxi
could depart. While gang members held the victim down, one attacker rammed a
broomstick into his left eye, gouging it out.

Offense–Aggravated Assault. This bias-motivated incident should be reported with an

Anti-Arab Race/Ethnicity/Ancestry Bias since the evidence indicates the victim was
targeted due to his ancestral descent.

V. A man wearing a “talik” (a sacred Hindu mark worn on the forehead) was assaulted by
two men with baseball bats. During the assault, the men screamed at the victim to
“clean that off his head.” When taken into custody, the men reported they committed
the assault because they want the Hindu people to go back where they came from.

Offense–Aggravated Assault. This incident should be reported as an Anti-Hindu Religious

Bias because the evidence indicates the motivation of the attack was due to the victim’s
religious symbols (the talik) and the offenders’ derogatory comments about the Hindu
community.

W. A man threw a bomb into a vacant Hindu temple. Following his arrest the next day, the
perpetrator told the police of his “dislike of Muslims, Arabs, and Hindus.”

Offense–Arson. This incident should be reported as Anti-Hindu Religious Bias because the
evidence indicates the temple was targeted because of its affiliation with the Hindu
faith.

X. One teen walked up to a Sikh teen in the school hallway and said, “I’m going to cut your
hair!” The Sikh teen replied, “For what? It is against my religion to cut my hair!” The
assailant replied, “I don’t care,” and later snuck up behind the Sikh teen and cut the
victim’s hair.

Offense–Simple Assault. This incident should be reported as Anti-Sikh Religious Bias since
the evidence indicates the victim was targeted because of his kesh (unshorn hair).

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5. SUBMITTING HATE CRIME DATA TO THE FBI UCR PROGRAM

Data Element 8A, Bias Motivation, is a mandatory data element to indicate whether any
offenses within reported incidents involved a bias motivation. More information about how to
report data via NIBRS is provided in the 2019.2 NIBRS Technical Specification, which is available
at www.fbi.gov/about-us/cjis/ucr/nibrs.

5.1 Offenses for Which Data Element 8A, Bias Motivation, is Applicable

The data element that indicates bias motivation of an offense applies to all Group A offenses,
which are listed below. (The Offense Categories, Codes, Offense Description, and Crime Against
Categories are also included.)

Table 2: Group A Offenses for Which Data Element 8A, Bias Motivation, Is Applicable
Offense Category Code Offense Description Crimes Against
Animal Cruelty 720 Animal Cruelty Society
Arson 200 Arson Property
Assault Offenses 13A Aggravated Assault Person
Assault Offenses 13B Simple Assault Person
Assault Offenses 13C Intimidation Person
Bribery 510 Bribery Property
Burglary/Breaking & Entering 220 Burglary/Breaking & Entering Property
Commerce Violations 58A Import Violations* Society
Commerce Violations 58B Export Violations* Society
Commerce Violations 61A Federal Liquor Offenses* Society
Commerce Violations 61B Federal Tobacco Offenses* Society
Commerce Violations 620 Wildlife Trafficking* Society
Counterfeiting/Forgery 250 Counterfeiting/Forgery Property
Destruction/Damage/ 290 Destruction/Damage/Vandalism of Property Property
Vandalism of Property
Drug/Narcotic Offenses 35A Drug/Narcotic Violations Society
Drug/Narcotic Offenses 35B Drug/Equipment Violations Society
Embezzlement 270 Embezzlement Property
Espionage 103 Espionage* Society
Extortion/Blackmail 210 Extortion/Blackmail Property
Fraud Offenses 26A False Pretenses/Swindle/Confidence Game Property
Fraud Offenses 26B Credit Card/Automated Teller Machine Fraud Property
Fraud Offenses 26C Impersonation Property
Fraud Offenses 26D Welfare Fraud Property
Fraud Offenses 26E Wire Fraud Property
Fraud Offenses 26F Identity Theft Property
Fraud Offenses 26G Hacking/Computer Invasion Property
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Offense Category Code Offense Description Crimes Against
Fraud Offenses 26H Money Laundering* Society
Fugitive Offenses 49A Harboring Escapee/Concealing from Arrest* Society
Fugitive Offenses 49B Flight to Avoid Prosecution* Society
Fugitive Offenses 49C Flight to Avoid Deportation* Society
Gambling Offenses 39A Betting/Wagering Society
Gambling Offenses 39B Operating/Promoting/Assisting Gambling Society
Gambling Offenses 39C Gambling Equipment Violations Society
Gambling Offenses 39D Sports Tampering Society
Homicide Offenses 09A Murder and Nonnegligent Manslaughter Person
Homicide Offenses 09B Negligent Manslaughter Person
Human Trafficking Offenses 64A Commercial Sex Acts Person
Human Trafficking Offenses 64B Involuntary Servitude Person
Immigration Violations 30A Illegal Entry into the United States* Society
Immigration Violations 30B False Citizenship* Society
Immigration Violations 30C Smuggling Aliens Society
Immigration Violations 30D Re-entry after Deportation* Society
Kidnapping/Abduction 100 Kidnapping/Abduction Person
Larceny-Theft Offenses 23A Pocket-picking Property
Larceny-Theft Offenses 23B Purse-snatching Property
Larceny-Theft Offenses 23C Shoplifting Property
Larceny-Theft Offenses 23D Theft from Building Property
Larceny-Theft Offenses 23E Theft from Coin-Operated Machine or Device Property
Larceny-Theft Offenses 23F Theft from Motor Vehicle Property
Larceny-Theft Offenses 23G Theft of Motor Vehicle Parts or Accessories Property
Larceny-Theft Offenses 23H All Other Larceny Property
Motor Vehicle Theft 240 Motor Vehicle Theft Property
Pornography/Obscene Material 370 Pornography/Obscene Material Property
Prostitution Offenses 40A Prostitution Society
Prostitution Offenses 40B Assisting or Promoting Prostitution Society
Prostitution Offenses 40C Purchasing Prostitution Society
Robbery 120 Robbery Property
Sex Offenses 11A Rape Person
Sex Offenses 11B Sodomy Person
Sex Offenses 11C Sexual Assault with An Object Person
Sex Offenses 11D Fondling Person
Sex Offenses 36A Incest Person
Sex Offenses 36B Statutory Rape Person
Sex Offenses 360 Failure to Register as a Sex Offender* Society
Stolen Property Offenses 280 Stolen Property Offenses Property
Treason 414 Treason* Society
Weapon Law Violations 520 Weapon Law Violations Society
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Offense Category Code Offense Description Crimes Against
Weapon Law Violations 521 Violation of National Firearm Act of 1934* Society
Weapon Law Violations 522 Weapons of Mass Destruction* Society
Weapon Law Violations 526 Explosives* Society
*Denotes offenses for federal and tribal LEA reporting only.

The definitions of these offenses can be found in Appendix B. Information concerning mutually
exclusive and lesser included offenses is also available in that appendix.

5.2 Data Element 8A, Bias Motivation

This data element, required at the end of the Offense Segment, indicates whether the offender
was motivated, in whole or in part, to commit the offense because of their bias against a race,
religion, disability, sexual orientation, ethnicity, gender, or gender identity. Due to the difficulty
of ascertaining the offender’s subjective motivation, bias is to be reported only if investigation
reveals sufficient objective facts to lead a reasonable and prudent person to conclude that the
offender’s actions were motivated, in whole or in part, by bias. Refer to Table 1 for the list of
bias motivations collected within the FBI’s Hate Crime Statistics Collection.

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6. LEARNING MODULES FOR RECOGNIZING AND REPORTING HATE CRIMES

6.1 Use of the Enclosed Learning Modules

The FBI UCR Program has included two learning modules within this manual for use in the
instruction of law enforcement personnel on hate crime matters. The modules are in no way
exhaustive or exclusive of either what can be trained or the way the material should be
presented. Rather, they are intended merely as a suggested approach to such instruction. In
order to obtain the most benefit from the materials, an agency should tailor them to meet its
unique needs. The reader may also be interested in the model training programs produced by
the International Association of Chiefs of Police and the National Organization of Black Law
Enforcement Executives. This training information can be obtained by contacting the
organizations directly.

6.1.1 Overview of Learning Module One

“Learning Module One: Hate Crime Reporting Model: The Two-Tier Decision-Making Process”
includes a hate crime reporting model that can be adapted for law enforcement use. Refer to
Section 3 of this manual for the entire list of bias definitions law enforcement officers need to
know in dealing with hate crime.

The most important aspect of the model concerns the two-tier reviewing process. The purpose
of the two-tier procedure is to ensure suspected bias-motivated incidents undergo two levels of
review within the reporting agency. Under the model system, the officer who responds to the
incident is responsible for determining whether there is any indication the offender was
motivated by bias. If so, the responding officer should designate the incident as a “Suspected
Bias-Motivated Crime” and pass it on for review by a second officer (or unit) possessing greater
expertise in hate crime matters. The latter officer or unit has the responsibility for making the
final decision as to whether the incident constitutes a hate crime. It is only after the incident
has undergone the second review and is determined to be a hate crime that it is ready to be
reported as such to the FBI UCR Program.

6.1.2 Overview of Learning Module Two

“Learning Module Two: Case Study Exercises of Possible Bias-Related Crimes” gives the student
officer the opportunity to apply their newly gained knowledge of hate crime matters to
hypothetical cases. The student is to read each case scenario and (1) classify the type of
offense(s) involved in the incident, (2) classify the offense as either “Not a Bias-Motivated
Crime” or a “Suspected Bias-Motivated Crime,” and (3) provide reasons for their decisions.

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6.2 LEARNING MODULE ONE: Hate Crime Reporting Model: The Two-Tier Decision- Making
Process

6.2.1 Module Description

This module provides (1) definitions of hate crime terminology, (2) a “model” approach to
reporting hate crimes, and (3) criteria for determining whether a hate crime has occurred.

6.2.2 Course Objectives

• The student will be able to define Bias/Hate Crime based on race, religion, disability,
sexual orientation, ethnicity, gender, and gender identity, as well as Responding
Officer, and Second-Level Judgment Officer/Unit.

• The student will be able to explain the “two-tier” process for reporting hate crimes.

• The student will be able to list the types of criteria used to determine if a crime was
bias motivated.

6.2.3 Definitions for the Hate Crime Statistics Collection

The following is an abbreviated list of definitions that have been adopted for use in hate crime
reporting (See Section 3 for the entire list of bias definitions).

Bias–A preformed negative opinion or attitude toward a group of persons based on their race,
religion, disability, sexual orientation, ethnicity, gender, or gender identity.

Bias Crime—A committed criminal offense that is motivated, in whole or in part, by the
offender’s bias(es) against a race, religion, disability, sexual orientation, ethnicity, gender, or
gender identity; also known as hate crime.

Note: Even if the offender was mistaken in their perception that the victim was a
member of the group the offender was acting against, the offense is still a bias crime
because the offender was motivated by bias against the group.

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Gender Bias–(noun) A preformed negative opinion or attitude toward a person or group of
persons based on their actual or perceived gender, i.e., male or female.

Hate Crime–Bias crime.

Race/Ethnicity/Ancestry Bias

Note: When the FBI’s Hate Crime Statistics Collection was initially implemented, racial bias was
reported as a separate category and ethnicity bias was reported as ethnicity/national origin
bias. It was then modified by the OMB’s 1997 Revision to the Standards for the Classification of
Federal Data on Race and Ethnicity. With the revised race and ethnicity categories and the
addition of an ancestry (a subcategory of ethnicity), the OMB advised the program to publish
the data in the combined category of Race/Ethnicity/Ancestry Bias.

Racial Bias–A preformed negative opinion or attitude toward a group of persons who
possess common physical characteristics, e.g., color of skin, eyes, and/or hair, facial
features, etc., genetically transmitted by descent and heredity which distinguish them as
a distinct division of humankind, e.g., Asians, Blacks or African Americans, Whites.

Ethnicity Bias–A preformed negative opinion or attitude toward a group of people

whose members identify with each other, through a common heritage, often consisting
of a common language, common culture (often including a shared religion) and/or
ideology that stresses common ancestry. The concept of ethnicity differs from the
closely related term race in that “race” refers to grouping based mostly upon biological
criteria, while “ethnicity” also encompasses additional cultural factors.

Ancestry Bias–A preformed negative opinion or attitude toward a group of people

based on their common lineage or descent.

Sexual-Orientation Bias–(noun) A preformed negative opinion or attitude toward a person or

group of persons based on their actual or perceived sexual orientation.
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6.2.4 Procedures and Criteria

6.2.4.1 Two-Tier Decision-Making Process

The FBI UCR Program surveyed state UCR program managers on hate crime collection
procedures in use at various LEAs within their states. It found most LEAs that collect hate crime
data employ a two-tier decision-making process. The first level is the law enforcement officer
who initially responds to the alleged hate crime incident, i.e., the “responding officer” (or “first-
level judgment officer”). It is the responsibility of the responding officer to determine whether
there is any indication the offender was motivated by bias. If there is, the officer is to designate
the incident as a “suspected bias-motivated crime” and forward the case file to a “second-level
judgment officer/unit.” In smaller agencies this is usually a person specially trained in hate
crime matters, while in larger agencies it may be a special unit.

It is the task of the second-level judgment officer/unit to review carefully the facts of the
incident and make the final determination of whether a hate crime has occurred. If so, the
incident is to be reported to the FBI UCR Program as a bias-motivated crime.

6.2.4.2 Responding Officer’s Responsibilities

Law enforcement’s response to an alleged hate crime begins no differently than to any other
crime. The responding officer must quickly evaluate what has happened and take any necessary
action to stabilize the situation. After that, there are two unique areas of concern which an
officer responding to an alleged hate crime should recognize: (1) sensitivity to the needs of the
victim and (2) the elements of a bias crime.

First, the responding officer should be sensitive to the effects of a bias crime on the victim. A
victim of any crime may feel isolated from others, fearful the occurrence will happen again, and
angry they have become a victim. However, there is a deeper level of isolation, fear, and anger
the victim of hate crime feels. This individual has been chosen from the rest of the population
to be victimized for no other reason than their race, religion, disability, sexual orientation,
ethnicity, gender, or gender identity. There is nothing this person can do; indeed, there is
nothing they ought to do to change their race, religion, disability, sexual orientation, ethnicity,
gender, and gender identity. And yet, it is because of these very innate qualities they were
victimized. This type of personal experience can result, many times, in a feeling of loss of
control over one’s life. By recognizing these dynamics, the responding officer can address the
special needs of the victim, thereby placing them at some ease and making it easier to elicit
from them necessary information concerning the alleged offense. Another task of the
responding officer is to determine whether additional resources are needed on the scene, such
as community affairs/relations representatives, mental/physical health professionals, a specific
linguist, and/or the clergy. At a minimum, the victim should be referred to appropriate social
and legal services.
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Second, the responding officer must be knowledgeable of the elements of a bias-related crime.
As set forth in this document, a bias crime is a criminal offense committed against a person or
property or if reported in the NIBRS, a crime against society (i.e., drug/narcotic offenses,
gambling offenses, pornography/obscene material, prostitution offenses, and weapon law
violations), which is motivated by the offender’s bias against the victim’s race, religion,
disability sexual orientation, ethnicity, gender, or gender identity. At the level of the responding
officer, if there is any indication that the offender was motivated by bias to commit the crime,
the incident should be classified as a “suspected bias-motivated crime.”

The types of factors to be considered by the reporting officer in determining if the incident is a
“suspected bias-motivated crime” are:

• Is the motivation of the alleged offender known?

• Was the incident known to have been motivated by racial, religious, disability, sexual
orientation, ethnic, gender, or gender identity bias?

• Does the victim perceive the action of the offender to have been motivated by bias?

• Is there no other clear motivation for the incident?

• Were any racial, religious, disability, sexual orientation, ethnic, gender, or gender
identity bias remarks made by the offender?

• Were there any offensive symbols, words, or acts which are known to represent a
hate group or other evidence of bias against the victim’s group?

• Did the incident occur on a holiday or other day of significance to the victim’s or
offender’s group?

• What do the demographics of the area tell you about the incident?

If these or other factors indicate the offender may have been motivated by bias to commit the
crime, the incident should be classified as a “suspected bias-motivated crime” and sent on to
the second-level judgment officer/unit for review. While the mere utterance of a racial epithet
by the offender does not provide sufficient basis to report a crime as a “suspected bias-
motivated crime,” it, combined with other factors indicating bias, could do so. For the purpose
of first-level bias crime reporting, the adage of “when in doubt, check it out” should be
followed, i.e., questionable cases should be referred to the second-level judgment officer/unit
for resolution.

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6.2.4.3 Second Level Judgment Officer’s/Unit’s Responsibilities

The second tier in the decision-making process is where the final decision is made regarding
whether an offense was bias motivated. Therefore, the people who make final decisions must
be specially trained to the point of being “experts” on bias matters. The responding officer had
merely to determine whether there was any indication the offense was motivated by bias. On
the other hand, the second-level judgment officer/unit must carefully sift through the facts
using more stringent criteria to determine if the incident was, in fact, a hate crime.

The second level of review can be a specially trained officer, investigator, supervisor, or
specially established hate crime unit. This does not mean that every agency must establish a
“special hate crime unit.” Given the fiscal constraints prevalent throughout most of the law
enforcement community, such a proposition would be an unreasonable requirement. However,
what is suggested is that somewhere in the agency’s already established crime reporting review
process, someone should be specifically tasked with the responsibility of reviewing “suspected
bias-motivated crimes” and making the final decision as to the existence or nonexistence of
bias motivation.

During the second review, the second-level judgment officer/unit should have time to consider
carefully the findings of the responding officer and perhaps even conduct interviews of the
victims and witnesses if necessary. For an incident to be reported as a hate crime, sufficient
objective facts must be present to lead a reasonable and prudent person to conclude the
offender’s actions were motivated, in whole or in part, by bias. While no single fact may be
conclusive, positive answers to the types of questions listed below are supportive of a finding of
bias motivation. It is important for a distinction to be established. The mere fact the offender is
biased against the victim’s race, religion, disability, sexual orientation, ethnicity, gender, and/or
gender identity does not mean a hate crime was involved. Rather, the offender’s criminal act
must have been motivated, in whole or in part, by their bias.

The second-level judgment officer/unit should seek answers to the following types of questions
before making the final determination of whether an incident was motivated by bias.

• Is the victim a member of a specific race, religion, disability, sexual orientation,

ethnicity, gender, or gender identity?

• Was the offender of a different race, religion, sexual orientation, ethnicity, gender,
or gender identity than the victim? For example, the victim was African-American
and the offender was White.

• Would the incident have taken place if the victim and offender were of the same
race, religion, disability, sexual orientation, ethnicity, gender, or gender identity?

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• Were biased oral comments, written statements, or gestures made by the offender
which indicated offender’s bias? For example, the offender shouted a racial or
ethnic epithet at the victim.

• Were bias-related drawings, markings, symbols, or graffiti left at the crime scene,
e.g., a swastika was painted on the door of a synagogue, mosque, or LGBT+ center?

• Were certain objects, items, or things that indicate bias used, e.g., the offenders
wore white sheets with hoods covering their faces, a burning cross was left in front
of the victim’s residence?

• Is the victim a member of a specific group which is overwhelmingly outnumbered by

other residents in the neighborhood where the victim lives and the incident took
place?

• Was the victim visiting a neighborhood where previous hate crimes had been
committed because of race, religion, disability, sexual orientation, ethnicity, gender,
or gender identity and where tensions remained high against victim’s group?

• Have several incidents occurred in the same locality, at or about the same time, and
were the victims all the same race, religion, disability, sexual orientation, ethnicity,
gender, or gender identity?

• Does a substantial portion of the community where the crime occurred perceive the
incident was motivated by bias?

• Was the victim engaged in activities related to their race, religion, disability, sexual
orientation, ethnicity, gender, or gender identity? For example, the victim was a
member of the NAACP or participated in an LGBT+ Pride celebration.

• Did the incident coincide with a holiday or a date of particular significance relating to
a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity,
e.g., Martin Luther King Day, Rosh Hashanah, or the Transgender Day of
Remembrance?

• Was the offender previously involved in a similar hate crime or a member of a hate
group?

• Were there indications a hate group was involved? For example, a hate group
claimed responsibility for the crime or was active in the neighborhood.

• Does an established animosity exist between the victim’s and offender’s groups?
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• Is this incident similar to other known and documented cases of bias, particularly in
this area? Does it fit a similar modus operandi to these other incidents?

• Has this victim been previously involved in similar situations?

• Are there other explanations for the incident, such as a childish prank, unrelated
vandalism, etc.?

• Did the offender have some understanding of the impact their actions would have
on the victim?

The second-level judgment officer/unit should respond to the scenes of large bias incidents,
such as race riots, demonstrations, etc. When doing so, a determination should be made
whether additional resources should be called to the scene, such as police tactical units,
community affairs/relations representatives, mental/physical health professionals, and faith
leaders.

It is important to note only after the second-level judgment officer/unit has made a decision
the crime was bias motivated should it be reported to the FBI UCR Program.

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6.3 LEARNING MODULE TWO: Case Studies of Potential Bias-Related Crimes

6.3.1 Module Description

This module provides the student officer with hypothetical case scenarios to practice their
knowledge gained from Learning Module One.

6.3.2 Course Objectives

The student will be able to evaluate a hypothetical case and (1) classify the offenses involved in
the incident, (2) classify the incident as either “not a bias-motivated crime” or a “suspected
bias-motivated crime,” and (3) give the reasons for their decision.

6.3.3 Rules for the Exercise Session

The student officer is to read the hypothetical cases and (1) classify the offense(s) involved in
each incident, (2) classify the fact situations as either ‘not a bias-motivated crime” or a “bias-
motivated crime,” and (3) give reasons for their bias classification decisions.

6.3.4 Case Exercises

Exercise 1: Deputy Sheriff Jackson received a radio call to go to an apartment and interview an
individual complaining of threats made over the telephone. Upon arriving at the apartment, the
complainant, a white female, informed Deputy Jackson she is a lesbian and over the last two
weeks, she has received repeated telephone calls from a person who stated the complainant
had been seen going into “gay bars,” and therefore, she would have to be “punished.”

Crime Classification: Intimidation

Bias Classification: Anti-Lesbian

Reasons: Threats were made to harm the victim physically because of her sexual
orientation.

Note: In addition to collecting hate crimes based on gender and gender identity, the
Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act requires statistics to
be captured on hate crimes committed by/directed against juveniles. In Exercise 1,
however, it is not possible to report the age of the offender. Therefore, when an agency
reports this hate crime incident it should submit one offender and the age breakdown
should be entered as 00.
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Exercise 2: On January 1, a woman was walking alone after leaving a party when she was
tackled to the ground by a man. He began choking her and yelling “I hate you, You bitch!”
Nearby, an-undercover officer heard the man yelling and responded. The officer was able to
restrain the man, but he continued screaming “I hate all of the bitches.” The victim indicated
she had never seen the man before. Later the man told the officer he had been at a bar and had
tried to talk to a woman. She had laughed at him, and he said he was not going to take it
anymore.

Crime Classification: Aggravated Assault

Bias Classification: Anti-Female

Reasons: The offender attacked the woman because of his bias against women. This
is evidenced by his statements and by what he told the officer.

Exercise 3: On February 2, at 3:30 a.m., Detective Phipps came across a vehicle that appeared
to be abandoned. When he approached the vehicle, he found an unconscious individual who
had sustained several bruises to the head. The individual was partially dressed in women’s
clothing and was assigned male at birth. The detective noted the word “Tranny,” written on the
windshield as well as a dress and wig on the passenger seat. In addition, he found a state-issued
driver’s license in the car that identified the victim as having a female name and showed an “M”
gender marker.

Crime Classification: Aggravated Assault

Bias Classification: Anti-Gender Nonconforming and Anti-Transgender

Reasons: The incident should be reported with an Anti-Gender Non-Conforming

Bias and Anti-Transgender Bias because the victim appears to have been targeted
for dressing in a way that does not correspond to the victim’s gender assigned at
birth. Based on the evidence, it is unclear if the victim was attacked for wearing
women’s clothing and a wig at the time of the attack (anti-gender nonconforming)
or for living as a female despite being assigned male at birth (anti-transgender).

Exercise 4: While on foot patrol, Officer Sloan heard two individuals who were engaged in a
shouting match. As the officer approached, she saw two men, one white and the other black,
shouting obscenities at each other. The argument concerned a parking space to which each
believed he was entitled. As the argument continued, one of the men shouted a racial epithet.
Officer Sloan responded and quieted the men. Apparently the first driver to arrive did not use
his turn signal to indicate he was waiting to pull into the parking space. The second driver,
coming upon what appeared to be an unoccupied parking space, proceeded to maneuver his
car around the first driver’s car and into the space. The argument then began.
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Crime Classification: None

Bias Classification: Unbiased Crime Incident

Reasons: The argument only involved the issue of which driver deserved to get the
parking space. One of the questions one should ask in investigating alleged bias
incidents is: “Would the incident have taken place if both the victim and offender
were of the same race, religion, sexual orientation, ethnicity, gender, or gender
identity? If the answer is “Yes,” it is “not a bias-motivated crime.”

Exercise 5: During the midnight tour, Deputy Sheriff Hennessey was patrolling her assigned
watch area. Shining her cruiser light on various business establishments, she noticed one
building had been spray painted. The graffiti included racial epithets used against Asians and
threats against the owners of a Chinese restaurant in the building. The deputy knows the
Chinese owners are the only Asians in that business district. No other buildings were spray
painted.

Crime Classification: Destruction/Damage/Vandalism of Property

Bias Classification: Anti-Asian

Reasons: The offenders apparently were motivated by their bias against Asians. This
is evidenced by their use of Asian epithets and the fact that no other business in the
area was spray painted.

Exercise 6: At 8:30 p.m., Officer Gregory responded to a report of an altercation at a

bar/restaurant. Upon arriving at the scene, he found paramedics providing medical care to an
African-American male. The victim informed Officer Gregory he was accosted by three white
male patrons who repeatedly asked if he is gay. He politely told the aggressors he was not.
Officer Gregory also spoke to the bartender who indicated he had noticed the odd behavior in
the men, as they took turns leaving the restaurant to go outside, then returning while another
took their place. According to the victim, one of the men approached him when he left the
restaurant and hurled racial and gay epithets at him. Then another one of the three men struck
the male forcefully in the head. The blow knocked the victim to the pavement where he hit his
head, rendering him unconscious.

Crime Classification: Aggravated Assault

Bias Classification: Anti-Black or African American and Anti-Gay (Male)

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Reasons: The offenders apparently were motivated by their perception the man
was gay and their bias against African Americans.

Note: Up to five bias motivations per offense type can be reported.

Exercise 7: On July 9, at 10:30 p.m., Officer Cassidy was dispatched to investigate a 911 call.
Upon arriving at the location, she found a woman who had been beaten. The victim explained
she had been walking home from an LGBT+ center when she was accosted by two men. She
stated the men beat her and were also verbally abusive and mocked her for her short hair style
and for how masculine her clothes and shoes were.

Crime Classification: Aggravated Assault

Bias Classification: Anti-Gender Nonconforming

Reasons: The perpetrators attacked the victim because she did not fit the image
they associated as female.

Exercise 8: At 11 p.m. Officers Reid and Shandler responded to the scene of a reported arson.
The target of the arson was a group home for persons with psychiatric disabilities who were in
transition back into the community. Investigation revealed neighbors had expressed many
concerns about the group home and were angry the house was located in their community.
Shortly before the fire was reported, a witness heard a male voice state, “I’ll get rid of those
‘crazies.’ I’ll burn them out.”

Crime Classification: Arson

Bias Classification: Anti-Mental Disability

Reasons: The suspect committed the crime of arson primarily because of his bias
against persons with psychiatric disabilities. The witness heard a statement that
supports the bias motivation finding.

Exercise 9: While on patrol in his police car, Officer Lopez noticed an individual, who later
identified himself as Mr. Chopra, attempting to scrub some painted words and markings off his
car, which was parked outside the apartment building where he lives. Officer Lopez asked Mr.
Chopra what happened to his car. Mr. Chopra explained he had moved into the neighborhood
three weeks ago and unknown person(s) had repeatedly painted his car and the door of his
apartment with racial slurs targeting Black people. Mr. Chopra said he did not understand why
this was happening to him because he is not African-American; he had immigrated to the
United States from India.
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Crime Classification: Destruction/Damage/Vandalism of Property

Bias Classification: Anti-Black or African American

Reasons: Although Mr. Chopra is not African American, it is the perception of the
offender(s) he is a member of a minority against which they are biased. Even when
offenders commit a crime based on their mistaken perception of the victim, the
offense is still a hate crime because the offenders’ actions were motivated by bias.

Exercise 10: Someone threw a rock breaking a window in a Syrian-owned convenience store.
The store had signs written in Arabic displayed in the window and outside the store. The rock,
which had a disparaging message about the owner’s Arab ancestry, struck the owner,
Mr. Amari, in the head causing injury.

Crime Classification: Aggravated Assault and Destruction/Damage/Vandalism of

Property.

Bias Classification: Anti-Arab Race/Ethnicity/Ancestry

Reasons: The evidence in this incident, signs written in Arabic on the outside of the
store and the message on the rock, indicates the victim was targeted due to his
ancestral descent.

Exercise 11: An adult assailant ran by Mr. Singh, an elderly Sikh pedestrian, shoved him to the
ground, forcibly pulled his Dastaar (Sikh turban), and said, “Take that towel off your head–we
don’t want your kind in this neighborhood!” In the process of the attack, the victim suffered a
concussion. When law enforcement responded to the scene, a witness to the attack recognized
the offender as a clerk at a local convenience store near a predominately Sikh community.

Crime Classification: Aggravated Assault

Bias Classification: Anti-Sikh Religious Bias

Reasons: The evidence in the incident indicates the victim was targeted because he
was wearing a Dastaar. The facts uncovered in the above referenced investigation
(e.g., the assailant had dealings with the Sikh community) indicated the assailant’s
motivation was directed at the victim because he was Sikh.

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Exercise 12: Mr. Malakar, who was wearing a “talik” (a sacred Hindu mark worn on the
forehead) was assaulted by two juvenile gang members with baseball bats. During the assault,
the two gang members screamed at Mr. Malakar to “clean that off [his] head.” When taken into
custody, the two juveniles reported they committed the assault because they want the Hindu
people to go back where they came from.”

Crime Classification: Aggravated Assault

Bias Classification: Anti-Hindu Religious Bias

Reasons: The evidence in this incident, the “talik” on the victim’s forehead and the
offenders’ derogatory comments about the Hindu community, indicate the
offender’s motivation for the attack was the victim’s religion.

Note: Additional scenarios of bias motivations are provided in Section 4.

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APPENDIX A LEGISLATION

As Amended, 34 United States Code Annotated (U.S.C.A.) § 41305

Formerly cited as 28 U.S.C.A. § 534

§ “[Sec. 1.] (a) This Act may be cited as the ‘Hate Crime Statistics Act’.
“(b)

(1) Under the authority of section 534 of title 28, United States Code, the
Attorney General shall acquire data, for each calendar year, about crimes that
manifest evidence of prejudice based on race, gender and gender identity,
religion, disability, sexual orientation, or ethnicity, including where appropriate the
crimes of murder, non-negligent manslaughter; forcible rape; aggravated assault,
simple assault, intimidation; arson; and destruction, damage or vandalism of
property.

“(2) The Attorney General shall establish guidelines for the collection of such data
including the necessary evidence and criteria that must be present for a finding of
manifest prejudice and procedures for carrying out the purposes of this section.

“(3) Nothing in this section creates a cause of action or a right to bring an action,
including an action based on discrimination due to sexual orientation. As used in
this section, the term ‘sexual orientation’ means consensual homosexuality or
heterosexuality. This subsection does not limit any existing cause of action or
right to bring an action, including any action under the Administrative Procedure
Act or the All Writs Act [5 U.S.C.S. §§ 551 et seq. or 28 U.S.C.S. § 1651].

“(4) Data acquired under this section shall be used only for research or statistical
purposes and may not contain any information that may reveal the identity of an
individual victim of a crime.

“(5) The Attorney General shall publish an annual summary of the data acquired
under this section, including data about crimes committed by, and crimes
directed against, juveniles.

“(c) There are authorized to be appropriated such sums as may be necessary to

carry out the provisions of this section through fiscal year 2002.

“Sec. 2. (a) Congress finds that—

“(1) the American family life is the foundation of American Society,

“(2) Federal policy should encourage the well-being, financial security, and health
of the American family,
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“(3) schools should not de-emphasize the critical value of American family life.

“(b) Nothing in this Act shall be construed, nor shall any funds appropriated to
carry out the purpose of the Act be used, to promote or encourage
homosexuality.”

PUBLIC LAW 103-322—SEPT. 13, 1994

108 STATUTE. 2131

Subsection (b) (1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note)
is amended by inserting “disability,” after “religion,”.

PUBLIC LAW 104-155—JULY 3, 1996

Subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note)
is amended by striking “for the calendar year 1990 and each succeeding 4 calendar
years,” and by inserting “for each calendar year.”

PUBLIC LAW 111-84—OCTOBER 28, 2009

On October 28, 2009, the President signed into law the Matthew Shepard and James Byrd, Jr.
Hate Crimes Prevention Act, under Division E. Public Law 111-84, the National Defense
Authorization Act for Fiscal Year 2010. This Act also complements a 1968 United States federal
hate-crime law. The new law, 18 U.S.C. §249, includes crimes motivated by a victim’s actual or
perceived gender, sexual orientation, gender identity, religion, race, color, national origin, or
disability. The Matthew Shepard and James Byrd Jr, Act specifically states under Sec. 4709.
Statistics:

Subsection (b) (1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note)
is amended by inserting “gender and gender identity,” after “race;” and

Subsection (b)(5) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note)
is amended by inserting “including data about crimes committed by, and crimes
directed against, juvenile,” after “data acquired under this section.”

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APPENDIX B UNIFORM CRIME REPORTING (UCR) OFFENSE DEFINITIONS

B.1 UCR Offense Codes and Definitions

Source of Offense Definitions

The use of standardized definitions in National Incident-Based Reporting (NIBRS) is essential to

the maintenance of uniform and consistent data. This practice ensures the FBI UCR Program
considers and appropriately counts all criminal offenses of law, regardless of their different
titles under state and local law or United States titles and statutes.

The purpose of the FBI UCR Program is to provide a common language transcending the
varying local and state laws. Therefore, the Program did not intend for law enforcement
agencies (LEAs) to use NIBRS offense definitions for charging persons with crimes. Instead, LEAs
should use the definitions as a way to translate crime into the common UCR language used
throughout the United States. Though state statutes specifically define crimes so persons facing
prosecution will know the exact charges placed against them, the definitions used in NIBRS
must be generic to not exclude varying state statutes relating to the same type of crime.

The NIBRS offense definitions are the common-law definitions found in Black’s Law’s
Dictionary, as well as those used in the NCIC 2000 Uniform Offense Classifications. Due to
most states basing their statutes on the common-law definitions, even though they may vary as
to specifics, these definitions should fit into the corresponding NIBRS offense classifications.

State Offenses

If a state statute contains companion offenses, the LEA should report the nonconforming
offenses according to its NIBRS offense classifications. For example, some states worded their
larceny statutes so broadly as to include the crime of Embezzlement. If an offender perpetrates
embezzlement within such a state, the LEA should report the offense via NIBRS as
embezzlement, not larceny/theft.

Certainly, unusual situations will arise in classifying offenses, and this manual cannot cover all
circumstances. In classifying unusual situations, the LEA should consider the nature of the crime
along with the guidelines provided. In addition to the Group A and Group B offense definitions and
explanations, the Offense Lookup Table at the end of this section will also aid in classifying offenses.
If LEAs have concerns on how to classify an offense, they can contact the FBI UCR Program via email
at: [email protected].

Group A Offenses

There are 28 Group A offense categories made up of 70 Group A offenses. The offense
categories listed below are in alphabetical order. Most entries include the following
information:

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• NIBRS offense code, offense name
• Definition
• Considerations and examples (as appropriate)

720 Animal Cruelty

Intentionally, knowingly, or recklessly taking an action that mistreats or kills any animal
without just cause, such as torturing, tormenting, mutilation, maiming, poisoning, or
abandonment. Included are instances of duty to provide care, e.g., shelter, food, water, care
if sick or injured; transporting or confining an animal to fight with another; inflicting excessive
or repeated unnecessary pain or suffering, e.g., uses objects to beat or injure an animal. This
definition does not include proper maintenance of animals for show or sport; use of animals
for food, lawful hunting, fishing, or trapping.

For Animal Cruelty offenses, reporting agencies must enter at least one but no more than three
types of activity (simple/gross neglect, organized abuse, intentional abuse or torture, or animal
sexual abuse) in Data Element 12 (Type Criminal Activity/Gang Information).

200 Arson

To unlawfully and intentionally damage, or attempt to damage, any real or personal property
by fire or incendiary device.

An LEA should report only fires determined through investigation to have been unlawfully and
intentionally set. Though the agency should include attempts to burn, it should not include fires
of suspicious or unknown origin. In addition, an agency should report one incident for each
distinct Arson operation originating within its jurisdiction. If a fire stated by Arson in one
jurisdiction spreads to another jurisdiction and destroys property, the LEA in which the fire
started should report the incident and all dollar value damage.

If a fire marshal collects Arson-related incident information, the LEA having jurisdiction should
gather the information from the fire marshal and report it with their monthly submission
(unless the Fir Marshall was a valid UCR ORI). The national UCR Program excludes Arson-related
deaths and injuries of police officers and firefighters, unless determined as willful Murders or
assaults, due to the hazardous nature of these professions.

LEAs should report the type of property burned into Data Element 15 (Property Description)
and the value of property burned in Data Element 16 (Value of Property), which includes
incidental damage resulting from fighting the fire.

13A – 13C Assault Offenses

An unlawful attack by one person upon another.

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Careful consideration of the following factors should assist in classifying assaults:

1. The type of weapon employed or the use of an object as a weapon.

2. The seriousness of the injury.
3. The intent and capability of the assailant to cause serious injury.

The weapons used or the extent of the injury sustained typically will be the deciding factors in
distinguishing Aggravated from Simple Assault. A weapon can be a gun, knife or anything that
could be used to harm someone else (a broken glass bottle, rocks, a shoe, etc.) In only a very
limited number of instances should it be necessary to examine the intent and capability of the
assailant. The prosecution policies in a jurisdiction should not influence classification or
reporting of LE offense data. Reporting agencies should examine ad classify the assaults in their
respective jurisdictions according to the standard UCR definitions, regardless of whether the
offenses are termed misdemeanors or felonies by local definitions.

By definition there can be no attempted assaults, only completed assaults. Therefore, reporting
agencies must enter the data value of C=Completed for all Assault Offenses into Data Element 7
(Offense Attempted/Completed).

13A Aggravated Assault

An unlawful attack by one person upon another wherein the offender uses a dangerous
weapon or displays it in a threatening manner or the victim suffers obvious severe or
aggravated bodily injury, or where there was a risk for serious injury/intent to seriously
injure.

Apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of
consciousness.

Strangulation (choking) may be difficult to determine; however, common signs include loss of
consciousness/blacking out; petechiae (small broken blood vessels) of the eyes, earlobes, or
scalp; bruising/marks on the neck; respiratory distress; nausea/vomiting; light headedness; or
involuntary urination and/or defecation.

Note: NIBRS considers Mace and pepper spray to be weapons. A severe laceration is one
that that should receive medical attention. A loss of consciousness must be the direct result
of force inflicted on the victim by the offender.

13B Simple Assault

An unlawful physical attack by one person upon another where neither the offender displays
a dangerous weapon, nor the victim suffers obvious severe or aggravated bodily injury

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involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or
loss of consciousness.

Simple assault includes offenses such as minor assault, hazing, assault and battery, and injury
caused by culpable negligence or attempts to do so.

13B Intimidation

To unlawfully place another person in reasonable fear of harm through the use of threatening
words and/or other conduct without displaying a weapon or subjecting the victim to an
actual physical attack.

This offense includes stalking. In addition, the offender can make threats in person, over the
telephone, or in writing.

510 Bribery

The offering, giving, receiving, or soliciting of anything of value (e.g., a bribe, gratuity, or
kickback) to sway the judgment or action of a person in a position of trust or influence.

In addition to bribes, gratuities, and kickbacks, the phrase, “anything of value,” includes favors
or anything else used illegally to influence the outcome of something governed by law, fair play,
contractual agreement, or any other guideline. The offering, giving, receiving, or soliciting of the
bribe would bring the outcome of an event outside any realm of reasonableness, the result of
which could be predicted based on the offering or influence given to the person(s) in a position
to render decisions.

Note: This offense excludes sports bribery (i.e., changing the outcome of a sporting contest
or event). Agencies should report such activities under the crime category of gambling
offenses as Sports Tampering, not Bribery.

220 Burglary/Breaking and Entering

The unlawful entry into a building or some other structure to commit a felony or a theft.

LEAs should classify offenses locally known as Burglary (any degree), unlawful entry with intent
to commit a larceny or felony, breaking and entering with intent to commit a larceny,
housebreaking, and safecracking as burglary. However, because Larceny/Theft is an element of
Burglary, agencies should not report the Larceny as a separate offense if it is associated with
the unlawful entry of a structure. The element of trespass is essential to the offense of
Burglary/Breaking and Entering.

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By definition, a structure has four walls, a roof, and a door (e.g., apartment, barn, cabin, church,
condominium, dwelling house, factory, garage, house trailer or houseboat if used as a
permanent dwelling, mill, office, outbuilding, public building, railroad car, room, school, stable,
vessel or ship, warehouse).

A structure is also any house trailer or other mobile unit permanently fixed as an office,
residence, or storehouse. However, a tent, tent trailer, motor-home, house trailer, or any other
mobile unit used for recreational purposes is not a structure. LEAs should not classify the illegal
entry of such mobile units, followed by a felony, theft, or attempt to commit a felony or theft,
as burglary, but rather as larceny.

Hotel Rule

The Hotel Rule applies to burglaries of hotels, motels, lodging houses, or other places where
lodging of transients is the main purpose. Burglaries of temporary rental storage facilities, e.g.,
mini-storage and self-storage buildings, can pose reporting questions.
• If a number of units under a single manager are the object of a Burglary and the manager,
rather than the individual tenants/renters, will most likely report the offenses to the police,
the agency should report the Burglary to the FBI UCR Program as a single incident. Examples
are burglaries of multiple rental hotel rooms, rooms in “flop” houses, rooms in a youth
hostel, and units in a motel.

• If multiple occupants rent or lease individual living or working areas in a building for a
period of time, which would preclude the tenancy from being classified as transient, and the
occupants would most likely report the individual burglaries separately, the reporting
agency should submit the burglaries as separate incidents. Examples of this latter type of
multiple burglaries include burglaries of multiple apartments in an apartment house, offices
of a number of commercial firms in a business building, offices of separate professionals
within one building, and rooms in a college dormitory.

Whenever a hotel, motel, inn, other temporary lodging, or a rental storage facility is the object
of a Burglary, the LEA should report the number of premises (e.g., rooms, suites, units, or
storage compartments) in Data Element 10 (Number of Premises Entered). For all Burglary
offenses, the agency should report the method of entry in Data Element 11 (Method or Entry)
as either data value F = Force or N = No force. A forced entry occurs when the offender(s) uses
force of any degree or a mechanical contrivance of any kind (e.g., a passkey or skeleton key) to
unlawfully enter a building or other structure. An unforced entry occurs when the offender(s)
achieves unlawful entry without force through an unlocked door or window. If both forced and
unforced entries are involved, the agency should enter F = Force.

Agencies should report incidental damage resulting from a Burglary (e.g., a forced door, broken
window, hole in the wall, or dynamited safe) only if the amount of damage is deemed
substantial by the reporting agency. If deemed substantial, the agency should report the
damage under the offense category Destruction/Damage/Vandalism of property.
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Note: LEAs should classify offenses according to NIBRS definitions and not according to federal,
state, or local codes. For example, through some jurisdictions may categorize a Shoplifting or a
Theft From an Automobile as Burglary, the UCR Program considers these offenses as Larcenies.
Thefts from an Automobile (whether locked or not); Shoplifting from commercial
establishments; and Thefts from Coin Boxes, or Coin-Operated machines (including machines
that accept paper bills) do not involve unlawful entry of a structure; thus, no Burglary occurred.

58A-61B, 620 Commerce Violations

58A Import Violations*

To knowingly or willfully defraud the United States by smuggling, importing, or clandestinely

introducing merchandise that should have been invoiced, received, bought, sold, or facilitate
the transportation, the concealment, or sale of such merchandise after importation

Import Violations is a Crime Against Society.

Note: Only federal and tribal LEAs may report 58A Import Violations.

58B Export Violations

To knowingly or willfully defraud the United States by smuggling, exporting, or clandestinely
distributing merchandise that should have been invoiced, received, bought, sold, or facilitate
the transportation, the concealment, or sale of such merchandise after exportation

Export Violations is a Crime Against Society.

Note: Only federal and tribal LEAs may report 58B Export Violations.

61A Federal Liquor Offenses

The unlawful production (using an unregistered still), transportation (without proper bill of
lading), receipt, distribution, or smuggling of distilled spirits on which federal tax has not been
paid. Acting as a distiller, a winery, or a wholesaler of distilled spirits, wine, or malt beverages
without a federal permit

Federal Liquor Offenses is a Crime Against Society.

Note: Only federal and tribal LEAs may report 61A Federal Liquor Offenses.

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61B Federal Tobacco Offenses
The unlawful possession and/or distribution of contraband tobacco products including any
quantity of cigarettes in excess of 10,000 or other tobacco products if the cigarettes/products
bear no evidence of the payment of applicable state taxes in the state where the cigarettes are
found. Engaging in interstate commerce in tobacco products without registering with, and
reporting to, the federal government and applicable state tax administrators

Federal Tobacco Offenses is a Crime Against Society.

Note: Only federal and tribal LEAs may report 61B Federal Tobacco Offenses.

620 Wildlife Trafficking

The poaching or other illegal taking of protected or managed species and the illegal trade in
wildlife and their related parts and products

Wildlife Trafficking is a Crime Against Society.

Note: Only federal and tribal LEAs may report 620 Wildlife Trafficking.

250 Counterfeiting/Forgery
The altering, copying, or imitation of something, without authority or right, with the intent to
deceive or defraud by passing the copy or thing altered or imitated as that which is original or
genuine or the selling, buying, or possession of an altered, copied, or imitated thing with the
intent to deceive or defraud

290 Destruction/Damage/Vandalism of Property (except Arson)

To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal
property without the consent of the owner or the person having custody or control of it

35A – 35B Drug/Narcotic Offenses

The violation of laws prohibiting the production, distribution, and/or use of certain controlled
substances and the equipment or devices utilized in their preparation and/or use

35A Drug/Narcotic Violations

The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession,
transportation, or importation of any controlled drug or narcotic substance

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35B Drug Equipment Violations
The unlawful manufacture, sale, purchase, possession, or transportation of equipment or
devices utilized in preparing and/or using drugs or narcotics

270 Embezzlement
The unlawful misappropriation by an offender to their own use or purpose of money, property,
or some other thing of value entrusted to their care, custody, or control

103 Espionage
The act of obtaining, delivering, transmitting, communicating, or receiving national security or
national defense information with an intent, or reason to believe, that the information may be
used to the injury of the United States or to the advantage of any foreign nation

Note: Only federal and tribal LEAs may report 103 Espionage offenses.

210 Extortion/Blackmail
To unlawfully obtain money, property, or any other thing of value, either tangible or intangible,
through the use or threat of force, misuse of authority, threat of criminal prosecution, threat of
destruction of reputation or social standing, or through other coercive means

26A – 26H Fraud Offenses—(except Counterfeiting/Forgery and Bad Checks)

The intentional perversion of the truth for the purpose of inducing another person, or other
entity, in reliance upon it to part with something of value or to surrender a legal right

26A False Pretenses/Swindle/Confidence Game

The intentional misrepresentation of existing fact or condition, or the use of some other
deceptive scheme or device, to obtain money, goods, or other things of value

26B Credit Card/Automated Teller Machine Fraud

The unlawful use of a credit (or debit) card or automated teller machine for fraudulent
purposes

26C Impersonation
Falsely representing one’s identity or position, and acting in the character or position thus
unlawfully assumed, to deceive others and thereby gain a profit or advantage, enjoy some right
or privilege, or subject another person or entity to an expense, charge, or liability which would
not have otherwise been incurred

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26D Welfare Fraud
The use of deceitful statements, practices, or devices to unlawfully obtain welfare benefits

26E Wire Fraud

The use of an electric or electronic communications facility to intentionally transmit a false
and/or deceptive message in furtherance of a fraudulent activity

26F Identity Theft

Wrongfully obtaining and using another person’s personal data (e.g., name, date of birth, Social
Security number, driver’s license number)

26G Hacking/Computer Invasion

Wrongfully gaining access to another person’s or institution’s computer software, hardware, or
networks without authorized permissions or security clearances

26H Money Laundering

The process of transforming the profits of a crime into a legitimate asset

Money Laundering is a Crime Against Society with Property.

Note: Only federal and tribal LEAs may report 26H Money Laundering.

49A – 49C Fugitive Offenses

49A Harboring Escapee/Concealing from Arrest
To harbor or conceal any person for whose arrest, a warrant or process has been issued, so as
to prevent the fugitive’s discovery and arrest, after having notice or knowledge that a warrant
or process has been issued for the fugitive’s apprehension
Note: Only federal and tribal LEAs may report 49A Harboring Escapee/Concealing from Arrest.

49B Flight to Avoid Prosecution

To knowingly leave the jurisdiction where charges were filed with intent to avoid prosecution,
custody, confinement, or to avoid giving testimony in any criminal proceedings
Note: Only federal and tribal LEAs may report 49B Flight to Avoid Prosecution.

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49C Flight to Avoid Deportation
To knowingly leave the jurisdiction with intent to avoid deportation

Note: Only federal and tribal LEAs may report 49C Flight to Avoid Deportation.

39A – 39D Gambling Offenses

To unlawfully bet or wager money or something else of value; assist, promote, or operate a
game of chance for money or some other stake; possess or transmit wagering information;
manufacture, sell, purchase, possess, or transport gambling equipment, devices or goods; or
tamper with the outcome of a sporting event or contest to gain a gambling advantage

39A Betting/Wagering
To unlawfully stake money or something else of value on the happening of an uncertain event
or on the ascertainment of a fact in dispute

39B Operating/Promoting/Assisting Gambling

To unlawfully operate, promote, or assist in the operation of a game of chance, lottery, or other
gambling activity

39C Gambling Equipment Violations

To unlawfully manufacture, sell, buy, possess, or transport equipment, devices, and/or goods
used for gambling purposes

39D Sports Tampering

To unlawfully alter, meddle in, or otherwise interfere with a sporting contest or event for the
purpose of gaining a gambling advantage

09A – 09B Homicide Offenses

The killing of one human being by another

09A Murder and Nonnegligent Manslaughter

The willful (nonnegligent) killing of one human being by another

09B Negligent Manslaughter

The killing of another person through negligence

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64A – 64B Human Trafficking Offenses
The inducement of a person to perform a commercial sex act, or labor, or services, through
force, fraud, or coercion. Human trafficking has also occurred if a person under 18 years of age
has been induced, or enticed, regardless of force, fraud, or coercion, to perform a commercial
sex act

64A Commercial Sex Acts

Inducing a person by force, fraud, or coercion to participate in commercial sex acts, or in which
the person induced to perform such act(s) has not attained 18 years of age

64B Involuntary Servitude

The obtaining of a person(s) through recruitment, harboring, transportation, or provision, and
subjecting such persons by force, fraud, or coercion into voluntary servitude, peonage, debt
bondage, or slavery (not to include commercial sex acts)

30A – 30D Immigration Violations

30A Illegal Entry into the United States

To attempt to enter the United States at any time or place other than as designated or elude
examination/inspection by immigration officers

Illegal Entry into the United States is a Crime Against Society.

Note: Only federal LEA may report 30A Illegal Entry into the United States.

30B False Citizenship

Falsely and willfully representing oneself to be a citizen of the United States
Note: Only federal and tribal LEAs may report 30B False Citizenship.

30C Smuggling Aliens

To knowingly assist, abet, or aid another person to enter, or try to enter the United States

30D Re-entry after Deportation

The act of entering, attempting to enter, or being found in the United States after being
removed, excluded, deported, or has departed the United States while an order of removal
exclusion or deportation is outstanding

Note: Only federal and tribal LEAs may report 30D Re-entry after Deportation.

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100 Kidnapping/Abduction
The unlawful seizure, transportation, and/or detention of a person against their will, or of a
minor without the consent of their custodial parent(s) or legal guardian

23A – 23H Larceny/Theft Offenses

The unlawful taking, carrying, leading, or riding away of property from the possession, or
constructive possession, of another person

23A Pocket-picking
The theft of articles from another person’s physical possession by stealth where the victim
usually does not become immediately aware of the theft

23B Purse-snatching
The grabbing or snatching of a purse, handbag, etc., from the physical possession of another
person

23C Shoplifting
The theft by someone other than an employee of the victim of goods or merchandise exposed
for sale

23D Theft from Building

A theft from within a building which is either open to the general public or to which the
offender has legal access

23E Theft from Coin-Operated Machine or Device

A theft from a machine or device that is operated or activated by the use of coins

23F Theft from Motor Vehicle (except Theft of Motor Vehicle Parts or Accessories)
The theft of articles from a motor vehicle, locked or unlocked

23G Theft of Motor Vehicle Parts or Accessories

The theft of any part or accessory affixed to the interior or exterior of a motor vehicle in a
manner which would make the item an attachment of the vehicle or necessary for its operation

23H All Other Larceny

All thefts which do not fit any of the definitions of the specific subcategories of Larceny/Theft
listed above

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240 Motor Vehicle Theft
The theft of a motor vehicle

370 Pornography/Obscene Material

The violation of laws or ordinances prohibiting the manufacture, publishing, sale, purchase, or
possession of sexually explicit material, e.g., literature, photographs

40A – 40C Prostitution Offenses

To unlawfully engage in or promote sexual activities for anything of value

40A Prostitution
To engage in commercial sex acts for anything of value

40B Assisting or Promoting Prostitution

To solicit customers or transport persons for prostitution purposes; to own, manage, or operate
a dwelling or other establishment for the purpose of providing a place where prostitution is
performed; or to otherwise assist or promote prostitution

40C Purchasing Prostitution

To purchase or trade anything of value for commercial sex acts

120 Robbery
The taking or attempting to take anything of value under confrontational circumstances from
the control, custody, or care of another person by force or threat of force or violence and/or by
putting the victim in fear of immediate harm

11A – 11D Sex Offenses

Any sexual act directed against another person, without the consent of the victim including
instances where the victim is incapable of giving consent

11A Rape—(except Statutory Rape)

The carnal knowledge of a person, without the consent of the victim, including instances where
the victim is incapable of giving consent because of their age or because of their temporary or
permanent mental or physical incapacity

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11B Sodomy
Oral or anal sexual intercourse with another person, without the consent of the victim,
including instances where the victim is incapable of giving consent because of their age or
because of their temporary or permanent mental or physical incapacity

11C Sexual Assault with an Object

To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal
opening of the body of another person, including instances where the victim is incapable of
giving consent because of their age or because of his/her temporary or permanent mental or
physical incapacity

11D Fondling
The touching of the private body parts of another person for the purpose of sexual gratification,
without the consent of the victim, including instances where the victim is incapable of giving
consent because of their age or because of their temporary or permanent mental or physical
incapacity

36A – 36B, 360 Sex Offenses

Unlawful sexual intercourse

36A Incest
Sexual intercourse between persons who are related to each other within the degrees wherein
marriage is prohibited by law

36B Statutory Rape

Sexual intercourse with a person who is under the statutory age of consent

360 Failure to Register as a Sex Offender

To fail to register or keep current a registration as required by state and federal laws

Note: Only federal and tribal LEAs may report 360 Failure to Register as a Sex Offender.

280 Stolen Property Offenses

Receiving, buying, selling, possessing, concealing, or transporting any property with the
knowledge that it has been unlawfully taken, as by burglary, embezzlement, fraud, larceny,
robbery, etc.

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101 Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their
enemies, giving them aid and comfort within the United States or elsewhere
Note: Only federal and tribal LEAs may report 101 Treason.

520-526 Weapon Law Violations

520 Weapon Law Violations
The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation,
possession, concealment, or use of firearms, cutting instruments, explosives, incendiary
devices, or other deadly weapons

521 Violation of National Firearms Act of 1934

To manufacture, import, sell, purchase, transfer, possess, or transport in interstate commerce,
a firearm knowing it has the characteristics or features of a short-barreled rifle or shotgun,
machine gun, silencer, destructive device, or any other weapon as defined at 26 United States
Code §5845 (a) in violation of the provisions of the National Firearms Act (generally non-tax
paid, unregistered)

Note: Only federal and tribal LEAs may report 521 Violation of National Firearms Act of
1934.

522 Weapons of Mass Destruction

To knowingly violate the federal law prohibiting the unlawful use, attempted use, conspiracy to
use, or use of interstate travel or facilities in furtherance of the use of a weapon of mass
destruction as defined by federal law
Note: Only federal and tribal LEAs may report 522 Weapons of Mass Destruction.

526 Explosives
To knowingly violate the federal law prohibiting the manufacture, importation, sale, purchases,
transfer, possession, unlawful use, intra or interstate transportation, or improper storage of any
chemical compound mixture the primary or common purpose of which is to function by
explosion including explosive materials or any explosive bomb, rocket, grenade, missile, or
similar device, or any incendiary bomb or grenade, fire bomb, or “Molotov cocktail”

Explosives is a Crime Against Society with Property. The offense should follow the same rules as
Weapons Law Violations (520) but also contain a property segment.

Note: Only federal and tribal LEAs may report 526 Explosives.

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Table 3: Offense Lookup Table
Once law enforcement has classified offenses involved in an incident according to its own
offense definitions, they should use the Offense Lookup Table to determine the corresponding
crime category and offense code. For example, the crime of abduction is covered by the crime
category kidnapping/abduction. In addition, the table includes the notational reminder “Other
offenses may have been committed” for crimes most likely to involve companion offenses.

Corresponding crime category

Offense and notes: Offense Code

-A-
Abduction Human Trafficking or 64A, 64B, or 100
Kidnapping/Abduction
Accessory After the Fact Harboring Escapee/Concealing 49A
from Arrest
Adulterated Food, Drugs, or All Other Offenses (Other offenses Depends on
Cosmetics may have been committed, e.g., circumstances
Homicide, Aggravated or Simple
Assault, or Fraud
Affray Assault Offenses 13A, 13B, or 13C
Aiding and Abetting Human Trafficking or Harboring 64A, 64B, or 49A
Escapee/Concealing from Arrest*
Air Piracy/Hijacking Classify as substantive offense, e.g., Depends on
Kidnapping/Abduction or Robbery circumstances
Alcoholic Beverage Control Commerce Violations 61A
(ABC) Laws
Arson Arson 200
Assault Assault Offenses 13A, 13B, or 13C
Assault, Minor Assault Offenses (Simple Assault) 13B
Assault, Sexual Rape, Sodomy, Fondling, Sexual Depends on
Assault with an Object, or Statutory Circumstance
Rape
Assault Simple Assault offenses (Simple Assault) 13B
Automated Teller Machine Fraud Offenses (Credit Card/ 26B
Fraud Automated Teller Machine Fraud

-B-
Battery Assault Offenses (Aggravated 13A or 13B
Assault or Simple Assault
Bestiality Animal Cruelty 720
Betting, Unlawful Gambling Offenses (Betting/ 39A
Wagering)

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Corresponding crime category
Offense and notes: Offense Code

Blackmail Extortion/Blackmail or Robbery if 210 or 120

during a demand for money,
property, etc., the offender
confronts the victim and threatens
imminent violence
Bomb Threat Assault Offenses (Intimidation) 13C
Bombing Offenses Classify same as substantive Depends on
offense, e.ge., Homicide, circumstances
Aggravated or Simple Assault,
Destruction/ Damage/Vandalism of
Property, or Weapon Law
Violations
Bookmaking Gambling Offenses (Operating/ 39B
Promoting/Assisting Gambling)
Breaking and Entering (B&E) Burglary/Breaking & Entering 220
Bribery Bribery 510
Bribery, Sports Gambling Offenses (Sports 39D
Tampering
Burglary Burglary/Breaking and Entering 220
Buying Stolen Property Stolen Property Offenses 280

-C-
Card Game, Unlawful Gambling Offenses 39A
(Betting/Wagering)
Cargo Theft Classify same as substantive Depends on
offenses, e.g., Robbery, Motor circumstances
Vehicle Theft, etc., then use Data
Element 2A to indicate the offense
was Cargo Theft
Carjacking Robbery 120
Carrying Concealed Weapon Weapon Law Violations or Violation 520 or 521
of National Firearms Act of 1934
Checks, Fraudulent Fraud Offenses (False Pretenses/ 26A, 250
Swindle/Confidence Game or Other
Offenses, e.g., Counterfeiting/
Forgery
Child Abuse, Violent Assault Offenses 13A, 13B, or 13C
Child Cruelty, Violent Assault Offenses 13A, 13B, or 13C

Version 3.0, 3/1/2022 58

Corresponding crime category
Offense and notes: Offense Code

Child Molesting Sex Offenses (Fondling) or Human 11D or 64A

Trafficking (Commercial Sex Acts)
Civil Rights Violations Human Trafficking or Predicate 64A, 64B, or predicate
offenses, e.g., Arson, Murder, offenses (Depends on
Aggravated Assault) circumstances)
Commercialized Sex Human Trafficking, Prostitution 64A,40A, 40B, 40C, or
Offenses, or Pornography/Obscene 370
Material
Commercialized Vice Human Trafficking, Prostitution 64A,40A, 40B, 40C,
Offenses, Pornography/Obscene 370, 39A, 39B, 39C, or
Material, or Gambling Offenses 39D
Computer Crime Classify same as substantive Depends on
offense, e.g., Larceny-Theft, circumstances
Embezzlement, or Fraud Offenses
Concealed Weapon Weapon Law Violations or Violation 520 or 521
of National Firearm Act of 1934
Confidence Game Fraud Offenses (False 26A
Pretenses/Swindle/Confidence
Game)
Conservation (Environment Destruction/Damage/Vandalism of 290
or Ecology) Laws Property
Contract Fraud Fraud Offenses (False Pretenses/ 26A, 64A, or 64B
Swindle/Confidence Game) or
Human Trafficking
Contributing to the Human Trafficking 64A
Delinquency of a Minor
Conversion Embezzlement 270
Counterfeiting Counterfeiting/Forgery 250
Credit Card Fraud Fraud Offenses (Credit Card/ 26B
Automated Teller Machine Fraud)
Cruelty to Animal(s) Animal Cruelty 720
Cruelty to Children, Assault Offenses (Intimidation) 13C
Nonviolent
Cruelty to Children, Violent Assault Offenses 13A, 13B, or 13C

-D-
Damage Property Destruction/Damage/Vandalism of 290
Property

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Corresponding crime category
Offense and notes: Offense Code

Deception Fraud Offenses or Human 26A, 26B, 26C, 26D,

Trafficking 26E, 26F, 26G, 64A, or
64B
Detention, Forcible Human Trafficking or 64A, 64B, or 100
Kidnapping/Abduction
Detention, Unlawful Human Trafficking or 64A, 64B, or 100
Kidnapping/Abduction
Dice Game, Unlawful Gambling Offenses 39A
(Betting/Wagering)
Disinterment, Unlawful Assault Offenses (Simple Assault or 13B or 13C
Intimidation
Drug Equipment Violations Drug/Narcotic Offenses (Drug 35B
Equipment Violations)
Drug Offenses Drug/Narcotic Offenses 35A
(Drug/Narcotic Violations)
Drug Paraphernalia Offenses Drug/Narcotic Offenses (Drug 35B
Equipment Violations)

-E-
Embezzlement Embezzlement 270
Enticement Kidnapping/Abduction or Human 100, 64A, or 64B
Trafficking
Entry, Forcible Burglary/Breaking and Entering 220
Entry, Non Forcible Burglary/Breaking and Entering 220
Entry, Unlawful Burglary/Breaking and Entering 220
Equipment, Drug Drug/Narcotic Offenses (Drug 35B
Equipment Violations)
Equipment, Gambling Gambling Offenses (Gambling 39C
Equipment Violations
Explosives Offenses Classify same as substantive Depends on
offense, E.g., Homicide, Aggravated circumstances
or Simple Assault,
Destruction/Damage/Vandalism of
Property, or Weapon Law
Violations
Extortion Human Trafficking or 64A, 64B, or 100
Extortion/Blackmail

-F-
Facilitation of Human Trafficking 64A or 64B

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Corresponding crime category
Offense and notes: Offense Code

False Pretenses Fraud Offenses (False 26A, 64A, or 64B

Pretenses/Swindle/Confidence
Game) or Human Trafficking
False Report or Statement Fraud Offenses (False Pretenses/ 26A, 26C, 26D, 26F, or
(furtherance of a criminal Swindle/Confidence Game, 26G
activity) Impersonation, Welfare Fraud,
Identity Theft, or Hacking/
Computer Invasion)
Family Offenses, Violent Classify same as substantive Depends on
offense, e.g., Assault Offenses, Circumstance
Homicide Offenses, Sex Offenses
Firearms Violations Weapon Law Violations (Other Depends on
offenses may have been Circumstance
committed, e.g., Aggravated
Assault, Robbery, Disorderly
Conduct)
Fondling Sex Offenses (Fondling) 11D
Forcible Detention Human Trafficking or 64A, 64B, or 100
Kidnapping/Abduction
Forcible Entry Burglary/Breaking and Entering 220
Forgery Counterfeiting/Forgery 250
Fornication (Consensual) Statutory Rape 36B
Fraud Fraud Offenses or Human 26A–26G, 64A, or 64B
Trafficking
Fraud, Automated Teller Fraud Offenses (Credit Card/ 26B
Machine (ATM) Automated Teller Machine Fraud)
Fraud, Contract Fraud Offenses (False Pretenses/ 26A
Swindle/Confidence Game)
Fraud, Credit Card Fraud Offenses (Credit Card/ 26B
Automated Teller Machine Fraud)
Fraud, Hacking/Computer Fraud Offenses (Hacking/Computer 26G
Invasion Invasion)
Fraud, Identity Theft Fraud Offenses (Identity Theft) 26F
Fraud, Mail Fraud Offenses (False Pretenses/ 26A
Swindle/Confidence Game)
Fraud, Procurement Fraud Offenses (False Pretenses/ 26A
Swindle/Confidence Game)
Fraud, Telephone Fraud Offenses (Wire Fraud) 26E
Fraud, Welfare Fraud Offenses (Welfare Fraud) 26D
Fraud, Wire Fraud Offenses (Wire Fraud) 26E
Version 3.0, 3/1/2022 61
Corresponding crime category
Offense and notes: Offense Code

Frequenting a House of Prostitution Offenses (Purchasing 40C or 64A

Prostitution Prostitution) or Human Trafficking
(Commercial Sex Acts)

-G-
Gambling Gambling Offenses 39A−39D
Gambling Devices Offenses Gambling Offenses (Gambling 39C
Equipment Violations)
Gambling Equipment Gambling Offenses (Gambling 39C
Offenses Equipment Violations)
Gambling Goods, Possession Gambling Offenses (Gambling 39C
of Equipment Violations)
Gambling Paraphernalia, Gambling Offenses (Gambling 39C
Possession of Equipment Violations)
Gaming Offenses Gambling Offenses (Betting/ 39A–39C
Wagering, Operating/Promoting/
Assisting Gambling, Gambling
Equipment Violations)

-H-
Hate Crime Classify same as substantive Depends on
offense, e.g., Assault, Murder, circumstances
Destruction/Damage/Vandalism of
Property then use Data Element 8A
to specify bias motivation
Hijacking-Air Piracy Classify as substantive Depends on
Kidnapping/Abduction circumstances
offense, e.g.,
or Robbery
Hit and Run (Of a Person) Assault Offenses (Aggravated 13A or 09A
Assault) or Homicide Offenses
(Murder and Non-Negligent
Manslaughter), if not accidental
Homicide Homicide Offenses (Murder and 09A or 09B
Non-Negligent Manslaughter or
Negligent Manslaughter)
Hostage-Taking Kidnapping/Abduction 100
House of Prostitution, Prostitution Offenses (Purchasing 40C or 64A
Frequenting a Prostitution) or Human Trafficking
(Commercial Sex Acts)

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Corresponding crime category
Offense and notes: Offense Code

House of Prostitution, Prostitution Offenses (Assisting or 40B or 64A

Operating a Promoting Prostitution) or Human
Trafficking (Commercial Sex Acts)
Human Trafficking, Human Trafficking (Commercial Sex 64A
Commercial Sex Acts Acts)
Human Trafficking, Human Trafficking (Involuntary 64B
Involuntary Servitude Servitude)

-I-
Immigration Law Violations Human Trafficking 64A or 64B
(Illegal Alien Entry, False
Citizenship, Smuggling Alien,
etc.)
Impersonation Fraud Offenses (Impersonation, 26C, 26F, 64A, or 64B
Identity Theft) or Human Trafficking
Incendiary Device Offenses Classify same as substantive Depends on
offenses committed, e.g., Arson, circumstances
Homicide, Aggravated or Simple
Assault, Weapon Law Violations, or
Destruction/Damage/Vandalism of
Property
Incest Sex Offenses 36A
Indecent Liberties Sex Offenses (Fondling) 11D
Influence Peddling Bribery 510
Intimidation Assault Offenses (Intimidation) 13C

-J-
Joyriding Motor Vehicle Theft 240

-K-
Kickback Bribery 510
Kidnapping Human Trafficking or 64A, 64B, or 100
Kidnapping/Abduction
Kidnapping, Parental Kidnapping/Abduction 100
Killing Homicide Offenses (Murder) 09A

-L-
Larceny Larceny/Theft Offenses 23A–23H

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Corresponding crime category
Offense and notes: Offense Code

Looting Burglary/Breaking and Entering Depends on

Larceny/Theft Offenses, as circumstances
appropriate
Lottery, Unlawful Gambling Offenses 39A
Wagering)

-M-
Mail Fraud Fraud Offenses (False Pretenses/ 26A
Swindle/Confidence Game)
Malicious Mischief Destruction/Damage/Vandalism of 290
Property
Manslaughter, Non-Negligent Homicide Offenses (Murder and 09A
Non-Negligent Manslaughter)
Manslaughter, Vehicular Homicide Offenses (Murder and 09A
Non-Negligent Manslaughter), if
intentional
Minor Assault Assault Offenses (Simple Assault) or 13B, 64A, or 64B
Human Trafficking
Misappropriation Embezzlement 270
Molesting, Child Sex Offenses (Fondling) or Human 11D or 64A
Trafficking (Commercial Sex Acts)
Motor Vehicle Theft Motor Vehicle Theft 240
Murder Homicide Offenses (Murder and 09A
Non-Negligent Manslaughter)

-N-
Narcotic Offenses Drug/Narcotic Offenses (Drug/ 35A
Narcotic Violations)
Numbers Gambling Offenses (Wagering/ 39A
Betting

-O-
Obscene Material Pornography/Obscene Material 370
Operating a House Prostitution Offenses (Assisting or 40B or 64A
Prostitution Promoting Prostitution) or Human
Trafficking (Commercial Sex Acts)

-P-
Pandering Prostitution Offenses or Human 40B or 64A
Trafficking (Commercial Sex Acts)

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Corresponding crime category
Offense and notes: Offense Code

Paraphernalia Offenses, Drug Drug/Narcotic Offenses 35B

Paraphernalia Offenses, Gambling Offenses (Gambling 39C
Gambling Equipment Violations)
Parental Kidnapping Kidnapping/Abduction 100
Patronizing a House of Prostitution Offenses (Purchasing 40C or 64A
Prostitution Prostitution) or Human Trafficking
(Commercial Sex Acts)
Patronizing a Prostitute Prostitution Offenses (Purchasing 40C or 64A
Prostitution) or Human Trafficking
(Commercial Sex Acts)
Pickpocket Larceny/Theft Offenses 23A
picking)

Pimping Prostitution Offenses (Assisting or 40B or 64A

Promoting Prostitution) or Human
Trafficking (Commercial Sex Acts)

Pocket-picking Larceny/Theft Offenses (Pocket- 23A

picking)
Pornography Human Trafficking (Commercial Sex 64A or 370
Acts) or Pornography/Obscene
Material
Possession of Drug Drug/Narcotic Offenses 35B
Equipment Equipment Violations)
Possession of Gambling Gambling Offenses (Gambling 39C
Equipment Equipment Violations)
Possession of Stolen Property Stolen Property Offenses 280
Procurement Fraud Fraud Offenses (False Pretenses/ 26A
Swindle/Confidence Game)
Procuring for Prostitution Prostitution Offenses (Assisting or 40B or 64A
Promoting Prostitution) or Human
Trafficking (Commercial Sex Acts)
Prostitution Prostitution Offenses (Prostitution) 40A or 64A
or Human Trafficking (Commercial
Sex Acts)
Prostitution, Soliciting for Prostitution Offenses (Assisting or 40B, 40C, or 64A
Promoting Prostitution or
Purchasing Prostitution) or Human
Trafficking (Commercial Sex Acts)

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Corresponding crime category
Offense and notes: Offense Code

Prostitution, Transporting Prostitution Offenses (Assisting or

Persons for Promoting Prostitution) or Human 40B or 64A
Trafficking (Commercial Sex Acts)
Purse-snatching Larceny/Theft Offenses (Purse- 23B
snatching)

-R-
Racketeering Influenced and (Report predicate offenses, e.g., Depends on
Corrupt Organizations (RICO) Arson, Aggravated Assault, circumstances
Extortion/Blackmail, or Human
Trafficking)
Racketeering (Classify same as substantive Depends on
offenses, e.g., Bribery, circumstances
Extortion/Blackmail, Human
Trafficking, or Larceny/Theft
Offenses)
Rape Sex Offenses (Rape) 11A
Rape, Instrumentation Sex Offenses (Sexual Assault With 11C
An Object)
Rape, Statutory Sex Offenses, Non-Forcible 36B
(Statutory Rape)
Receiving Stolen Property Stolen Property Offenses 280
Reckless Manslaughter (Non- Homicide Offenses (Negligent 09B
Vehicular) Manslaughter)
Resisting Officer Assault Offenses (Aggravated 13A or 13B
Assault or Simple Assault)
Restraint, Unlawful Human Trafficking or 64A, 64B, or 100
Kidnapping/Abduction
Robbery Robbery 120

-S-
Seduction Human Trafficking (Commercial Sex 64A
Acts)
Sex, Commercialized Human Trafficking (Commercial Sex 64A, 40A, or 370
Acts), Prostitution Offenses,
Pornography/Obscene Material, or
All Other Offenses
Sex Offenses Sex Offenses (Rape, Sodomy, 11A–11D, 36A or 36B
Sexual Assault With An Object,
Fondling, Incest, or Statutory Rape)

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Corresponding crime category
Offense and notes: Offense Code

Sexual Assault With An Sex Offenses (Sexual Assault 11C

Object An Object)
Shoplifting Larceny/Theft Offenses 23C
(Shoplifting)
Simple Assault Assault Offenses (Simple Assault) 13B
Smuggling, Alien Human Trafficking 64A or 64B
Sodomy Sex Offenses (Sodomy) 11B
Solicitation to Commit Felony Human Trafficking 64A or 64B
Stalking Assault Offenses (Intimidation) 13C
Stolen Property—Buying, Stolen Property Offenses 280
Receiving, or Possessing
Stripping Motor Vehicle Larceny/Theft Offenses (Theft of 23G
Motor Vehicle Parts or Accessories)
Strong-arm Robbery Robbery 120
Swindle Fraud Offenses or Human 26A, 64A, or 64B
Trafficking

-T-
Telephone Call, Threatening Assault Offenses (Intimidation) 13C
Telephone Fraud Fraud Offenses (Wire Fraud) 26E
Terrorism Classify as substantive offense, e.g., Depends on
Assault, Destruction/Damage/ circumstances
Vandalism of Property, or Murder
Theft Larceny/Theft Offenses 23A–23H
Theft From a Building Larceny/Theft Offenses (Theft From 23D
Building
Theft From a Coin-Operated Larceny/Theft Offenses (Theft From 23E
Machine or Device Coin-Operated Machine or Device)
Theft From a Motor Vehicle Larceny/Theft Offenses (Theft From 23F
Motor Vehicle)
Theft of a Motor Vehicle Motor Vehicle Theft 240
Theft of Motor Vehicles Parts Larceny/Theft Offenses (Theft of 23G
or Accessories Vehicle Motor Vehicle Parts or Accessories)
Theft of Vehicles or Larceny/Theft Offenses (All Other 23H
Equipment Other than Motor Larceny)
Vehicles
Threatening Behavior Assault Offenses (Intimidation) 13C
Threatening Conduct Assault Offenses (Intimidation) 13C
Threatening Gesture Assault Offenses (Intimidation) 13C
Threatening Telephone Call Assault Offenses (Intimidation) 13C
Version 3.0, 3/1/2022 67
Corresponding crime category
Offense and notes: Offense Code

Threatening Words or Assault Offenses (Intimidation) 13C

Statement
Threats Assault Offenses (Intimidation) 13C
Traffic Violations Do not report except for DUI, 09A or 13A
Hit and Run, or Vehicular
Manslaughter
Transmitting Wagering Gambling Offenses (Operating/ 39B
Information Promoting/Assisting Gambling)
Transporting Persons for Prostitution Offenses (Assisting or 40B, 64A, or 64B
Prostitution Promoting Prostitution) or Human
Trafficking

-U-
Unauthorized Use of a Motor Motor Vehicle Theft 240
Vehicle (no lawful access)
Unauthorized Use of a Motor Embezzlement (lawful access but 270
Vehicle the entrusted vehicle is
misappropriated)
Unlawful Entry Burglary/Breaking and Entering 220
Unlawful Restraint Human Trafficking or Kidnapping/ 64A, 64B, or 100
Abduction
Unlicensed Weapon Weapon Law Violations 520
Unregistered Weapon Weapon Law Violations 520
Uttering Fraud Offenses (False Pretenses/ 26A, 26B, 26D, 26F, or
Swindle/Confidence Game, 250
Impersonation, Welfare Fraud, or
Identity Theft)
Counterfeiting/Forgery (Bad
Checks)

-V-
Vandalism Destruction/Damage/Vandalism of 290
Property
Vehicular Manslaughter Murder and Non-Negligent 09A
Manslaughter (if not accidental)
Vice, Commercialized Human Trafficking, Prostitution 64A, 40A, 40B, 39A,
Offenses (Prostitution or Assisting 39B, 39C, 39D, or 370
or Promoting Prostitution),
Gambling Offenses, or
Pornography/Obscene Material

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Corresponding crime category
Offense and notes: Offense Code

-W-
Wagering, Unlawful Gambling Offenses (Betting/ 39A
Wagering)
Weapon, Concealed Weapon Law Violations 520
Weapon, Unlicensed Weapon Law Violations 520
Weapon, Unregistered Weapon Law Violations 520
Weapon Law Violations Weapon Law Violations 520

Welfare Fraud Fraud Offenses (Welfare Fraud) 26D

Wire Fraud Fraud Offenses (Wire Fraud) 26E

B.2 Mutually Exclusive/Lesser Included Offenses

In NIBRS, more than one offense can be reported within each incident once it is determined the
offense(s) was motivated by bias. Certain combinations of offenses, however, cannot occur to
the same victim.

Mutually Exclusive offenses cannot occur to the same victim according to UCR
definitions. For example:

Aggravated assault is a lesser included offense of murder, rape, sodomy, sexual

assault with an object, and robbery.

Lesser Included offenses include one offense that also has an element of another
offense and cannot be reported as having happened to the victim along with the other
offense.

Intimidation is a lesser included offense of simple assault. Therefore, one person

cannot be a victim of simple assault and intimidation within the same incident.

Table 4: Mutually Exclusive/Lesser Included Offenses

Offense Offense Type Offense(s)

Murder and Mutually Exclusive Negligent Manslaughter
Nonnegligent Lesser Included Aggravated Assault, Simple Assault, and
Manslaughter Intimidation
Negligent Mutually Exclusive Murder, Aggravated Assault, Simple Assault, and
Manslaughter Intimidation

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Offense Offense Type Offense(s)
Rape Mutually Exclusive Incest and Statutory Rape
Lesser Included Murder, Aggravated Assault, Simple Assault,
Intimidation, and Fondling
Sodomy Mutually Exclusive Incest and Statutory Rape
Lesser Included Murder, Aggravated Assault, Simple Assault,
Intimidation, and Fondling
Fondling Mutually Exclusive Incest and Statutory Rape
Lesser Included Simple Assault and Intimidation
Robbery Lesser Included Aggravated Assault, Simple Assault, Intimidation,
Larceny-Theft Offenses, and Motor Vehicle Theft
Aggravated Lesser Included Simple Assault and Intimidation
Assault
Simple Lesser Included Intimidation
Assault
Incest Mutually Exclusive Rape, Sodomy, Sexual Assault With An Object,
and Fondling
Statutory Mutually Exclusive Rape, Sodomy, Sexual Assault With An Object,
Rape and Fondling

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APPENDIX C UNIFORM CRIME REPORTING (UCR) HATE CRIME STATISTICS
DATA

The FBI UCR Program annually releases Hate Crime Statistics. This publication includes data on
criminal offenses that are motivated, in whole or in part, by the offender’s bias against a race,
religion, disability, sexual orientation, ethnicity, gender, or gender identity.

More detailed data (e.g., the subcategory breakdowns of bias motivations, the known
offenders’ races, and the victim types for each agency submitting hate crime data to the
FBI UCR Program) are furnished in the FBI UCR Program’s Hate Crime Master Files. For
information on obtaining these data, please contact the FBI’s Criminal Justice Information
Services Division via e-mail at [email protected]. Hate Crime Master Files can also be
obtained on the Crime Data Explorer under Document and Downloads at https://crime-data-
explorer.fr.cloud.gov/downloads-and-docs.

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APPENDIX D THE OFFICE OF MANAGEMENT AND BUDGET’S (OMB)
RACE/ETHNICITY STANDARDS

The OMB is part of the Executive Office of the President. The OMB is comprised of four resource
management offices, which were created by statute. The Paperwork Reduction Act (PRA) of
1995 (44 United States Code Chapter 35) established the Office of Information and Regulatory
Affairs within the OMB to develop and oversee the implementation of government-wide
policies, principles, standards, and guidelines concerning statistical collection procedures and
methods. The PRA covers all aspects of federal information resources management, including
OMB review and approval of agency information collection. This oversight involves a triennial
review and approval of all FBI UCR Program reporting forms. Therefore, compliance with the
OMB’s directives is imperative to the FBI UCR Program’s operations.

In 1994, in response to the need to reflect the increasing diversity of the population of the
United States, the OMB began a comprehensive review of the racial and ethnic categories being
used in collaboration with the Interagency Committee for the Review of the Racial and Ethnic
Standards. The OMB accepted the recommendations of the Interagency Committee in 1997 and
released standards for federal data on race. Since the FBI UCR Program had been granted a
temporary variance, the program held the changes in abeyance until its data submission
methods were updated. In order to conform to the new guidelines, the FBI issued its own
guidance on how law enforcement agencies LEAs should collect and maintain race and ethnicity
data. These revised standards have two categories for data on ethnicity and five minimum
categories for data on race. The new categories and their definitions can be found in Section 3 of
this manual.

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APPENDIX E DISTINGUISHING SEXUAL ORIENTATION, GENDER IDENTITY,
ANTI-TRANSGENDER, AND ANTI-GENDER NONCONFORMING CRIMES

In 2010, the FBI UCR Program staff, through a collaborative effort with the Anti-Defamation
League, began working with the national Hate Crime Coalition to establish the groundwork for
the collection of data about gender and gender identity hate crimes. The national Hate Crime
Coalition—made up of civil rights, religious, law enforcement, civic, and professional
organizations—also formed a Gender and Gender Identity Working Group (GGIWG). The
GGIWG consisted of members from the American Association of University Women (AAUW),
the Human Rights Campaign, the Leadership Council on Civil and Human Rights, and the
National Gay and Lesbian Task Force. The FBI UCR Program partnered with the GGIWG to draft
training scenarios reflecting present-day situations encountered by victims concerning gender,
sexual orientation, and gender identity. The GGIWG also requested the following information
be available to further assist law enforcement with investigating potential hate crimes
motivated by gender and gender identity biases, and to help determine the differences
between the two categories (Gender and Gender Identity) and their sub-categories (Gender–
Male and Female; Gender Identity–Transgender and Gender Nonconforming).

E.1 Sexual Orientation vs. Gender Identity-Motivated Crimes

Transgender and gender nonconforming people may be of any sexual orientation (gay, lesbian,
bisexual, or heterosexual). Knowing about a person’s gender identity (as transgender or gender
nonconforming) does not tell you anything about their sexual orientation. They are separate
categories.

When crimes are committed against people based on sexual orientation or gender identity,
epithets often reveal the motive for the attack. Typical gender identity-related epithets and
terms include “he-she,” “she-male,” “tranny,” “it,” and “transvestite.” Also, the terms “cross
dresser” and “drag queen” may be used in a hateful way, even though some individuals may
self-identify with these terms. It is common for perpetrators of anti-transgender hate crimes to
attack the victim after learning the victim is transgender.

Confusion in classifying the motive of a crime can occur when a perpetrator is motivated solely
because of the victim’s gender identity but uses an anti-gay term as well. They do this because
they are often more familiar with anti-gay terms like “faggot,” “dyke,” and “queer,” not
because they are actually motivated by bias toward the victim’s sexual orientation. Therefore, a
perpetrator may use anti-gay epithets, even though they have targeted a person entirely
because the victim is transgender or gender nonconforming.

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E.2 Anti-Transgender vs. Anti-Gender Nonconforming Motivated Crimes

It may not always be obvious whether a crime should be classified as “anti-transgender” or

“anti-gender nonconforming.” Anti-transgender is the category for crimes that are committed
primarily because the person lives/presents as a gender different than their gender assigned at
birth. For example, crimes that involve someone who identifies as a woman but was assigned
male at birth, or someone who identifies as non-binary. Persons may identify themselves as
“transgender” or “transsexual.” Also, if this person is cross-dressing but has not changed to the
gender they identify with, that is also an anti-transgender crime. For example, if a man wearing
a dress is attacked after leaving a party that would be an anti-transgender crime. A possible
indication the crime is anti-transgender is if the word(s) “transgender,” “transsexual,” “tranny,”
“transvestite,” “drag king,” or “drag queen,” is used in the commission of a crime.

Anti-gender nonconforming crimes involve people whose appearance is only slightly gender
nonconforming—they are not presenting 100 percent as masculine or feminine. An example
would be a male who wears men’s clothes and identifies as a male, but wears eye-makeup.
When he is attacked for that reason, this is a gender nonconforming crime. Another example is
a woman who identifies as a woman, but wears a male item of clothing like a tie, and is
attacked for that reason. A possible indication the incident was an anti-gender nonconforming
bias is if the word(s) “sissy,” “lady,” “girlie man,” or “tomboy” is used in the commission of a
crime.

E.3 Working with Transgender Victims/Witnesses

Transgender people should be addressed according to the gender they identify and live as now,
regardless of the gender they were assigned at birth or the gender marker that appears on any
documentation. If someone identifies as a woman (even if assigned male at birth or having an
“M” gender marker on an identification document), she should be addressed as a woman, by
using “she,” “her,” and “Ms.” To refer to her, use her preferred name (even if she has not yet
legally changed her name). If someone identifies as a man (even if assigned female at birth or
having an “F” gender marker on an identification document), then he should be addressed as a
man, with male pronouns, and his preferred name. If someone identifies as non-binary, such as
“androgynous,” “genderfluid,” or “third gender,” they should be addressed as non-binary (not
as a man or a woman). Refer to them using their preferred name and gender-neutral pronouns
(they/them/theirs) unless they indicate they are comfortable with gendered pronouns.

If you need to refer to someone’s gender identity, the term transgender is the safest to use. In
addition, it is important to know the term transgender is an adjective and should not be
changed to “transgendered” or “transgenders.” If you do not know if someone should be
referred to with female, male, or gender-neutral pronouns, it is acceptable to ask that person
for their preferred pronouns.

Version 3.0, 3/1/2022 74

E.4 Reporting Victim Sex if an Anti-Transgender Bias Occurs

The LEAs should report within an incident the age, sex, race, and ethnicity of the victim for each
Crime Against Person offense. If the committed offense was bias motivated, or specifically
involved an Anti-Transgender Bias, the agency should report the victim’s sex as the gender
identity expressed by the victim.

Version 3.0, 3/1/2022 75

APPENDIX F DISTINGUISHING BETWEEN ANTI-ARAB, ANTI-HINDU, ANTI-
MUSLIM, AND ANTI-SIKH HATE CRIMES

In 2013, the Federal Bureau of Investigation (FBI) Uniform Crime Reporting (UCR) Program, the
Anti-Defamation League, and the national Hate Crime Coalition began collaborating to help
identify bias-motivated crimes directed toward members of the Sikh, Hindu, and Arab
communities. Specifically, members of these communities from the American-Arab Anti-
Discrimination Committee, the Hindu American Foundation, the Sikh Coalition, and the Sikh
American Legal Defense and Education Fund, assisted the FBI UCR Program in developing
training scenarios depicting the situations that victims of hate crimes against these groups have
encountered. Coalition members further requested the following information be available to
assist law enforcement when investigating potential hate crimes motivated by biases against
individuals who are of Arab ancestry, or the Hindu, Muslim, or Sikh religions, and to help
distinguish the differences of each group.

F.1 Special Considerations when Working with Victims from Arab, Hindu, Muslim, Sikh, and
South Asian Communities

Cultural and religious practices of Arab, Hindu, Muslim, Sikh, and South Asian community
members are unique to the individual, as with any race, ethnicity, and religion. Each individual
might engage in practices that are different from another individual. In light of these
differences, it is important to avoid generalizing and engage each person on an individual basis
to understand their practice, while remaining sensitive and respectful. For example, as an
investigator entering a house of worship or religiously sensitive area, it is always helpful to ask
an appropriate person for guidance (e.g., whether to take off one’s shoes)—obviously,
depending on the urgency of the situation.

Additionally, these communities may face language barriers, or be hesitant to interact with
police officers because of fear or previous experiences with law enforcement whether in the
United States or their countries of origin. Many people in these communities come from places
where, for a number of reasons, an individual might not contact the police. Building trust with
members of these communities is essential, particularly considering the post-9/11 backlash that
many individuals in these communities have faced through suspicion or ignorance.

It is important to be sensitive to these issues, to engage individuals, and to build trust with
individuals and communities to create an environment that encourages individuals to report
hate crimes and for witnesses to come forward and assist with investigations. Sensitive and
successful outreach advances police-community relations and enhances safety nationwide.

Version 3.0, 3/1/2022 76

F.2 Identifying Anti-Arab Hate Crimes

Arabs are a diverse group of people who have their origins in one of the twenty-two different
countries in the Middle East and North Africa. Like biases against most ethnic groups, hate crimes
against Arabs are often motivated by misunderstandings, misperceptions, and stereotypes about
their culture and heritage. For example, not all Arabs are Muslim, and the majority of Arabs in
the United States are Christian.

When crimes are committed based on anti-Arab bias, epithets often reveal the motive for the
attack. Many epithets are used to stereotype Arabs and most are intended to be an attack on
their background. Typical anti-Arab epithets include “terrorist,” “camel jockey,” “sand nigger,”
“towel head,” “suicide bomber,” and “America-hater.” At times, a perpetrator may use the term
“Ayy-rab” which is an offensive pronunciation of their ethnicity. Hate crime perpetrators
sometimes use the terms “Al-Qaeda,” “Hamas,” “Hezbollah,” “Bin Laden,” or “Saddam” to harass
the victim based upon perceived race/ethnicity, religion, or national origin.

Often victims are attacked after the perpetrator hears a person speaking the Arabic language,
sees an Arabic sign in an establishment’s window, or sees the victim reading Arabic.

F.2.1 Working with Arab Victims/Witnesses

Arab victims may be hesitant to tell police officers about their Arab heritage, especially because
the victim has just experienced violence or vandalism, possibly because of this heritage. As when
working with any crime victim, it is important officers communicate why they are asking
questions about the victim’s background. The officer should explain questions about the victim’s
background are for a crime investigation and will help determine whether a hate crime occurred.
Arab victims and witnesses will be more likely to cooperate and answer questions if they are
assured the officer is merely trying to document the crime, determine if it was a hate crime, and
prevent it from occurring in the future.

F.3 Identifying Anti-Hindu Hate Crimes

Hindu Americans targeted for hate crimes commonly face anti-Hindu epithets. Such epithets
may include “dothead,” “cow-kisser,” or “macaca.” Additionally, Hindus may also be targeted
with epithets more commonly directed at Muslims or Sikhs, such as “raghead,” “towel head,”
or “terrorist.” Such epithets are sometimes sparked by Hindus wearing head coverings during
religious festivals.

Hindu houses of worship are also frequent targets of hate crimes. There are many categories of
Hindu houses of worship, including mandirs (temples), ashrams (hermitages), dhams (retreats),
and balavihars (Sunday schools). Hindu houses of worship bear several markers, which may
identify them to potential attackers. First, many mandirs are distinguished by their architecture,

Version 3.0, 3/1/2022 77

which includes large columns, spires, and intricate stone-carvings. Additionally, many houses of
worship also maintain large bells, that are frequently rung by devotees. Furthermore, many
houses of worship maintain large signs with English, Hindi, and Sanskrit lettering identifying the
facility for congregants. Some Hindu temples may also display the “om” symbol or the
“swastika” symbol, which is a holy symbol in the Hindu, Buddhist, and Jain faiths.

F.3.1 Hindu vs. Indian/South Asian

Although a South Asian American can be identified by ethnic origin such as India, Pakistan,
Bangladesh, Sri Lanka, Nepal, or Bhutan, among others, a Hindu American is a practitioner of
the Hindu faith. An individual’s identity as a Hindu American should not be confused with their
identity as a South Asian American.

While most Hindu Americans in the United States are of Indian origin, there are also Hindu
Americans of Caucasian, African American, Hispanic, Caribbean Islander, and East Asian origin.
There are approximately one million Hindu Americans who are not of South Asian origin.

F.3.2 Working with Hindu Victims/Witnesses

Some Hindus may be uncomfortable with bodily contact, and as such, may prefer to greet
officers by pressing their palms together and offering a greeting of “Namaste.” It is important to
avoid phrases such as “your gods” and “idols,” as such terms may be alienating and
disrespectful. Instead, terms such as “the deities” or “the murtis” are more appropriate.

F.4 Identifying Anti-Sikh Hate Crimes

Classifying a hate crime can be confusing when a perpetrator commits a bias-motivated act
based upon a victim’s religious clothing, object, or identity marker, but uses epithets commonly
directed at members of the Arab, Muslim, Hindu, Sikh, and South Asian communities, such as
“raghead,” “towel head,” and “terrorist.” In such cases, officers should classify the crime based
on the religion that investigation determines was the targeted group. For example, if the
investigation determines an attack was motivated by and directed at a victim’s dastaar (Sikh
turban) or the kesh (unshorn hair, including a beard), and the offender knew the victim was
Sikh, the incident should be classified as Anti-Sikh. However, if the investigation shows the
victim’s religious article, e.g., turban was targeted because the offender believed the victim to
be a Hindu or a Muslim, the crime should be classified as Anti-Islamic (Muslim).

F.4.1 Working with Sikh Victims/Witnesses

The majority of Sikhs in America, though not all, derive from the Indian subcontinent, culturally
there are barriers that sometimes go unrecognized by law enforcement. Specifically, these

Version 3.0, 3/1/2022 78

cultural barriers may show a hesitancy to share the exact specifics of the hate crime. As when
working with any crime victim, it is important that officers communicate why they are asking
questions about the victim’s background. The officer should explain questions about the
victim’s background, and exact specifics of the words and actions used by the assailant will be
used for the purpose of a crime investigation and will help determine whether a hate crime
occurred. Most Sikh victims and witnesses will be more likely to cooperate and answer
questions if they are assured the officer is merely trying to document the crime, determine if it
was a hate crime, and prevent it from occurring in the future. It is important to avoid asking the
value of the Sikh articles of faith to assist with classification of theft charges, the Dastaar (Sikh
turban) is a sacred item that should not have a monetary value.

Version 3.0, 3/1/2022 79

APPENDIX G IDENTIFYING HATE CRIMES AGAINST PERSONS WITH
DISABILITIES

G.1 Identification of Hate Crimes Not as Crimes of Opportunity

There continues to be a sense that people with disabilities are not victims of hate crimes. While
the Hate Crimes Statistics Act identifies crimes motivated by prejudice against people with
disabilities, these incidents are not as numerous as other protected classes but do exist.
However, many policy makers, law enforcement officials, and the general public believe these
are “crimes of opportunity” based on the vulnerability of certain disabilities and not true hate
crimes. Law enforcement officers should be cognizant of the difference and identify when there
is in fact a crime motivated by bias.

Version 3.0, 3/1/2022 80

APPENDIX H DEPARTMENT OF JUSTICE, COMMUNITY RELATIONS SERVICE,
REGIONAL OFFICES

The Community Relations Service (CRS) serves as “America’s Peacemaker” for the U.S.
Department of Justice. CRS helps local communities address community conflicts and tensions
arising from differences of race, color, and national origin. CRS also helps communities develop
strategies to prevent and respond to violent hate crimes committed on the basis of actual or
perceived race, color, national origin, gender, gender identity, sexual orientation, religion and
disability. CRS does not take sides in a dispute, and it does not investigate, prosecute, impose
solutions, assign blame, or assess fault. By providing mediation, facilitation, training, and
consulting services, CRS helps communities enhance their ability to independently prevent and
resolve future conflicts.

Additionally, CRS provides free Arab, Muslim, Sikh, Hindu, and Transgender Cultural
Competency Programs. These programs are offered in 2 to 4 hour segments and roll call
training which are intended to familiarize law enforcement and government officials with
recognized customs and cultural aspects of such groups as Arab, Muslim, Sikh, Hindu, and
Transgender communities. These programs were designed as an effective tool for helping law
enforcement improve their understanding, partnership, outreach, and reporting mechanism
with these communities. These programs can be a at www.justice.gov/crs. *For
more information about CRS services and training programs, visit: www.justice.gov/crs or by
telephone at (202) 305-2935.

U.S. Department of Justice

CRS Headquarters
Community Relations Service
600 E Street, NW, Suite 6000
Washington, DC 20530
(202) 305-2935

CRS Regional and Field Offices

New England Regional Office (Serving: CT, MA, ME, NH, RI, VT)
U.S. Department of Justice
Community Relations Service
408 Atlantic Avenue, Suite 222
Boston, MA 02110
(617) 424-5715

Version 3.0, 3/1/2022 81

Northeast Regional Office (Serving: NJ, NY, Puerto Rico, Virgin Islands)
U.S. Department of Justice
Community Relations Service
26 Federal Plaza, Suite 36-118
New York, NY 10278
(212) 264-0700

Mid-Atlantic Regional Office (Serving: DE, DC, MD, PA, VA, WV)
U.S. Department of Justice
Community Relations Service
U.S. Custom House
200 2nd & Chestnut Street, Suite 208
Philadelphia, PA 19106
(215) 597-2344

Southeast Regional Office (Serving: AL, FL, GA, KY, MS, NC, SC, TN)
U.S. Department of Justice
Community Relations Service
61 Forsyth Street, SW, Suite 7B65
Atlanta, GA 30303
(404) 331-6883

Field Office:
U.S. Department of Justice
Community Relations Service
51 SW First Avenue, Suite 624
Miami, FL 33130
(305) 536-5206

Midwest Regional Office (Serving: IL, IN, MI, MN, OH, WI)
U.S. Department of Justice
Community Relations Service
230 South Dearborn Street, Suite 2130
Chicago, IL 60604
(312) 353-4391

Field Office:
U.S. Department of Justice
Community Relations Service
211 West Fort Street, Suite 1404
Detroit, MI 48226
(313) 216-4010

Version 3.0, 3/1/2022 82

Southwest Regional Office (Serving: AR, LA, NM, OK, TX)
U.S. Department of Justice
Community Relations Service
1999 Bryan Street, Suite 2050
Dallas, TX 75201
(214) 655-8175

Field Office:
U.S. Department of Justice
Community Relations Service
515 Rusk Avenue, Suite 12605
Houston, TX 77002
(713) 718-4861

Central Regional Office (Serving: IA, KS, MO, NE)

U.S. Department of Justice
Community Relations Service
601 East 12th Street, Suite 0802
Kansas City, MO 64106
(816) 426-7434

Rocky Mountain Regional Office (Serving: CO, MT, ND, SD, UT, WY)
U.S. Department of Justice
Community Relations Service
1244 Speer Boulevard, Suite 650
Denver, CO 80204-3584
(303) 844-2973

Western Regional Office (Serving: AZ, CA, HI, NV, Guam)

U.S. Department of Justice
Community Relations Service
888 South Figueroa Street, Suite 2010
Los Angeles, CA 90017
(213) 894-2941

Field Office:
U.S. Department of Justice
Community Relations Service
90 Seventh Street, Suite 3-300
San Francisco, CA 94103
(415) 744-6565

Version 3.0, 3/1/2022 83

Northwest Regional Office (Serving: AK, ID, OR, WA)
U.S. Department of Justice
Community Relations Service
915 Second Avenue, Suite 1808
Seattle, WA 98174
(206) 220-6700

Version 3.0, 3/1/2022 84

APPENDIX I ORGANIZATIONS OFFERING INFORMATION CONCERNING ANTI-
BIAS EDUCATION

American Arab Anti-Discrimination Committee

1990 M Street, NW, Suite 610
Washington, DC 20036
www.adc.org

American Association of University Women

1111 Sixteenth Street, NW
Washington, DC 20036
www.aauw.org

Anti-Defamation League
605 Third Avenue
New York, NY 10158-3560
www.adl.org

Hindu American Foundation

910 Seventeenth St. NW, Suite 316A
Washington, DC 20006
www.hafsite.org

Human Rights Campaign

1640 Rhode Island Avenue, NW
Washington, DC 20036
www.hrc.org

International Association of Chiefs of Police

44 Canal Center Plaza, Suite 200
Alexandria, VA 22314
http://www.theiacp.org

The Leadership Conference on Civil and Human Rights

1629 K Street, NW
10th Floor
Washington, DC 20006
www.civilrights.org

Version 3.0, 3/1/2022 85

National Center for Transgender Equality
1032 15th Street, NW, Suite 99
Washington, DC 20005
http://transequality.org

National Council of Jewish Women (NCJW)

241 West 72nd Street
New York, NY 10023
http://www.ncjw.org

National Disability Rights Network

900 Second Street, NE, Suite 211
Washington, DC 20002
http://www.napas.org

National Gay and Lesbian Task Force

1325 Massachusetts Avenue, NW, Suite 600
Washington, DC 20005
www.theTaskForce.org

Sikh American Legal Defense and Education Fund

1012 14th Street, NW, Suite 450
Washington, DC 20005
www.saldef.org

The Sikh Coalition

PO Box 11258
Washington, DC 20008
www.sikhcoalition.org

Southern Poverty Law Center

400 Washington Avenue
Montgomery, AL 36104
www.splcenter.org

Version 3.0, 3/1/2022 86

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1.1 Purpose and Scope ........................................................................................................ 1

1.2 The Nature of Hate Crime .............................................................................................. 1

1.3 Background ................................................................................................................... 1

1.4 Conclusion .................................................................................................................... 3

2. CRITERIA OF A HATE CRIME................................................................................................ 4

2.1 Bias Motivation ............................................................................................................. 4

2.2 Objective Evidence the Crime was Motivated by Bias .................................................... 6

2.3 Cautions ....................................................................................................................... 7

3. DEFINITIONS FOR HATE CRIME STATISTICS COLLECTION ..................................................... 9

3.1 General Program Terms ................................................................................................ 9

3.2 Disability Bias and Associated Terms ............................................................................. 9

3.3 Gender Bias and Associated Terms .............................................................................. 10

3.4 Gender Identity Bias and Associated Terms ................................................................. 10

3.5 Race/Ethnicity/Ancestry Bias and Associated Terms .................................................... 11

3.6 Religious Bias and Associated Terms ............................................................................ 13

3.7 Sexual-Orientation Bias and Associated Terms............................................................. 15

4. SCENARIOS OF BIAS MOTIVATION.................................................................................... 17

5. SUBMITTING HATE CRIME DATA TO THE FBI UCR PROGRAM ............................................ 23

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6.1 Use of the Enclosed Learning Modules ........................................................................ 26

6.3 LEARNING MODULE TWO: Case Studies of Potential Bias-Related Crimes.................... 34

APPENDIX A LEGISLATION ................................................................................................. 40

APPENDIX B UCR OFFENSE DEFINITIONS ........................................................................... 42

B.1 UCR Offense Codes and Definitions ................................................................................ 42

APPENDIX C UCR HATE CRIME STATISTICS DATA ............................................................... 71

APPENDIX D THE OFFICE OF MANAGEMENT AND BUDGET’S (OMB) RACE/ETHNICITY

APPENDIX E DISTINGUISHING SEXUAL ORIENTATION, GENDER IDENTITY, ANTI-

E.1 Sexual Orientation vs. Gender Identity-Motivated Crimes .............................................. 73

E.2 Anti-Transgender vs. Anti-Gender Nonconforming Motivated Crimes ............................. 74

E.3 Working with Transgender Victims/Witnesses ............................................................... 74

E.4 Reporting Victim Sex if an Anti-Transgender Bias Occurs ................................................ 75

APPENDIX F DISTINGUISHING BETWEEN ANTI-ARAB, ANTI-HINDU, ANTI-MUSLIM, AND

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F.2 Identifying Anti-Arab Hate Crimes .................................................................................. 77

F.3 Identifying Anti-Hindu Hate Crimes ................................................................................ 77

F.4 Identifying Anti-Sikh Hate Crimes ................................................................................... 78

APPENDIX G IDENTIFYING HATE CRIMES AGAINST PERSONS WITH DISABILITIES…………………80

APPENDIX H DEPARTMENT OF JUSTICE, COMMUNITY RELATIONS SERVICE, REGIONAL

APPENDIX I ORGANIZATIONS OFFERING INFORMATION CONCERNING ANTI-BIAS

Table 1: Bias Motivation by Category and Type ..................................................................... 5

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1.1 Purpose and Scope

1.2 The Nature of Hate Crime

1.3.1 Legislative Mandate to Report Hate Crime

1.3.2 Developing a Collection Approach

1.3.2.2 The Types of Bias Motivation to be Reported are Limited

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1.3.2.4 Amendments Expand the Hate Crime Statistics Collection

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2.1 Bias Motivation

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Bias Category Bias Motivation and code

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2.2 Objective Evidence the Crime was Motivated by Bias

2. Bias-related oral comments, written statements, or gestures were made by the

5. The victim is a member of a specific group that is overwhelmingly outnumbered by

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3.1 General Program Terms

Hate Crime–Bias Crime.

3.2 Disability Bias and Associated Terms

Mental Disability–Any mental impairment or psychological disorder such as organic

Physical Disability–Any physical impairment; any physiological disorder or condition,

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3.3 Gender Bias and Associated Terms

Gender Bias—(noun) A preformed negative opinion or attitude toward a person or group of

3.4 Gender Identity Bias and Associated Terms

Gender Identity–(noun) A person’s internal sense of being male, female, or a non-binary

Gender Nonconforming–(adjective) Describes a person who does not conform to the

Transgender–(adjective) Of or relating to a person who identifies as a different gender

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3.5 Race/Ethnicity/Ancestry Bias and Associated Terms