Policy Text
1 (04/28/2016) ST. PETERSBURG POLICE DEPARTMENT
GENERAL ORDER
Subject: HATE CRIMES REPORTING
Index as: Bias Incidents Hate Crimes Report Procedures, Hate Crimes
Accreditation Standards:
Cross Reference : §775.085 and §877.19, F.S .S.
Replaces : I.O. V.5:3, Hate Crimes Reporting (December 12, 2008)
This Order consists of the following sections:
I. Policy
II. Definition
III. Investigation of Suspected Hate Crimes
IV. Reporting Requirements
V. Follow -up Investigation
I. POLICY
A. It is the policy of this Department that investigative and enforcement resources shall promptly respond to, and
thoroughly investigate, any reported or observed criminal acts resulting from hatred or bias , based upon of race, color,
national origin, religion, gender, marital status, age, disability , sexual orientation, genetic information, gender identity, or
other protected categories .
B. The State of Florida provides that the commission of ce rtain offenses targeting specified classes of persons shall
be classified as hate crimes due to their prejudicial basis.
C. Further, Florida law recognizes that prejudice resulting in criminal acts against members of particular groups inflict
great individua l and societal harm and are , thus, deserving of enhanced punishment, as well as enhanced application of
investigative resources and timely support for the victims and witnesses of such events.
II. DEFINITION
A. HATE CRIME – A criminal act or attempt in which there is evidence the act was motivated by the of race, color,
national origin, religion, gender, marital status, age, disability , sexual orientation, genetic information, gender identity, or
other protected categories .
1. That the perpetrator perceived, knew or had reasonable grounds to believe the victim was within the
delineated class.
2. Age is defined as being over sixty-five (65). Disability may be either mental or physical; and whi le both are not
included in §877.19 , F.S.S. , they are included in the definition of a hate crime as directed by the Florida Department of
Law Enforcement (FDLE ) and are, like those in §877 .19, F.S.S. subject to special reporting requirement s and additional
penalties ( §775. 085, F.S.S. ).
DATE OF
ISSUE EFFECTIVE DATE NUMBER
April 2016 Immediately V.3:1
Distribution: All Employees
Instructional Order V.3:1
2 (04/28/ 2016 ) III. INVES TIGATION OF SUSPECTED HATE CRIMES
A. Standards of probable cause are the same for identifying a probable hate crime, as with any other criminal act or
attempt.
B. Elements required to support the classification of a suspected hate crime are:
1. The incident must involve a criminal act or attempt; and
2. The criminal act or attempt and the selection of the victim by the offender must be motivated by prejudice
based upon the person’s of race, color, national origin, religion, gender, marital status, age, disability , sexual orientation,
genetic information, gender identity, or other protected categories .
3. The perpetrator perceived, knew, or had reasonable grounds to know or perceive that the victim was a
member of the class included in the statute.
C. The motivation behi nd the act is the key element in determining whet her an incident is hate -related. A hate crime
would be reported when the investigation reveals sufficient objective facts to lead a reasonable and prudent person to
conclude the offender’s actions were motiv ated, in whole or in part, by bias.
D. Investigating Officer s should attempt to determine the motivation or purpose of the crime. Merely making or
uttering a comment or slur to a person within the delineated class is insufficient to substantiate a hate crime.
1. For example, a robbery committed for monetary gain, during which a slur is uttered, would not constitute a
hate crime, absent other articulable proof.
2. Characteristics that may help in classification of hate crimes may include, but are not limited to:
a. The nature of the incident itself; e.g., a cross -burning, etc.
b. Circumstances leading up to the incident.
c. Statements or gestures made by the perpetrator.
d. Telephone, mail or verbal threats which depict a prejudicial motivation.
e. The use of symbols associated with prejudicial acts, such as a swastika, gang sign, graffiti, or desecration
of a religious emblem.
f. The proximity to a significant holiday or event.
g. The proximity to a place known to be frequented by members of a particular group.
h. Any other ph ysical evidence.
E. Questionable incidents shall be brought to the attention of a Field Supervisor prior to preparation of the
Investigating Officer ’s report.
F. There is substantial community interest in the incidence of hate crimes. Investigating Officer s should ensure
notifications are made appropriate to the incident so as to provide prompt investigative and victim service support.
IV. REPORTING REQUIREMENTS
A. State l aw requires the accurate classification and reportin g of suspected hate crimes ( §877. 19, F.S.S. ).
B. Suspected hate crime incident reports shall be titled with the proper offense (offense screen), and the pertinent
facts signifying the matter is a hate crime shall be properly entered in the “ Bias” pick list/submenu which is part of the
reporting system (Figure 1).
1. In addition to the basis for the primary incident, the narrative