Policy Text
Policy Delano Police Department
320 Delano PD Policy Manual
Hate Crimes
320.1 PURPOSE AND SCOPE
The purpose of this policy is to meet or exceed the provisions of Penal Code § 13519.6(c) and
provides members of this department with guidelines for identifying and investigating incidents
and crimes that may be motivated by hatred or other bias.
320.1.1 DEFINITIONS
Hate crimes - A criminal act committed in whole or in part, because of one or more of the following
actual or perceived characteristics of the victim (Penal Code § 422.55; Penal Code § 422.56;
Penal Code § 422.57):
(a) Disability
(b) Gender
(c) Nationality
(d) Race or ethnicity
(e) Religion
(f) Sexual orientation
(g) Association with a person or group with one or more of these actual or perceived
characteristics
(h) Examples of hate crimes include, but are not limited to:
1. Interfering with, oppressing or threatening any other person in the free exercise
or enjoyment of any right or privilege secured by the constitution or laws because
of one or more of the actual or perceived characteristics of the victim (Penal
Code § 422.6).
2. Defacing a person’s property because of one or more of the actual or perceived
characteristics of the victim (Penal Code § 422.6(b)).
3. Terrorizing a person with a swastika or burning cross (Penal Code § 11411).
4. Vandalizing a place of worship (Penal Code § 594.3).
The federal Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act expands federal
hate crimes to include crimes motivated by a victim's actual or perceived sex, sexual orientation,
gender identity or disability (18 USC § 249).
Victim - Includes, but is not limited to, a community center, educational facility, entity, family,
group, individual, office, meeting hall, person, place of worship, private institution, public agency,
library or other victim or intended victim of the offense (Penal Code § 422.56).
320.2 POLICY
The Delano Police Department recognizes and places a high priority on the rights of all individuals
guaranteed under the state and federal constitution and incorporated in state and federal law.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Hate Crimes - 1
Published with permission by Delano Police Department