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Comment on If not intentially a minority and I get into a fight and I did not know they were gay, palestinian, jewish, or whatever. Can I still be charged with a hate crime? Or does one have to know first?

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Patnou@lemmy.world ⁨4⁩ ⁨weeks⁩ ago

Not nitpick but first of all great answer. no sarcasm. But if I go into a known nazi/skinhead bar and start fighting them because they are Nazi’s is that a hate crime? Even though their whole thing is hate, we fought a war against them, and are generally despised?

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southsamurai@sh.itjust.works ⁨4⁩ ⁨weeks⁩ ago
Nazis are not a protected class yet.

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- throwawayacc0430@sh.itjust.works ⁨4⁩ ⁨weeks⁩ ago
  
  yet
  
  💀
  
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LainTrain@lemmy.dbzer0.com ⁨4⁩ ⁨weeks⁩ ago
No, it’s not a protected characteristic because being a nazi isn’t innate.

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yoevli@lemmy.world ⁨4⁩ ⁨weeks⁩ ago
Generally speaking, hate crimes are only applicable to crimes motivated by a hatred for an immutable trait. Social or political ideology isn’t immutable, so it wouldn’t be protected.

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- brian@lemmy.ca ⁨4⁩ ⁨weeks⁩ ago
  I thought being religiously motivated also would qualify as a hate crime? Or is the implication that one’s religion is also immutable?
  
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  - yoevli@lemmy.world ⁨4⁩ ⁨weeks⁩ ago
    That’s a good point; I had overlooked that as a category. That said, it is sort of the odd one out in terms of “immutable traits” (notwithstanding Jews specifically, at least when referring to ethnicity rather than religion).
    
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