Current Version
| Region | Indiana |
| Issue | Hate crime protections |
| Status | Sexual orientation only |
| Start Date | Jul 1, 2019 |
| End Date | (none) |
| Description | Indiana’s 2019 bias-crime sentencing law made bias motivation an aggravating circumstance when an offense was committed because of a victim’s real or perceived “characteristic, trait, belief, practice, association, or other attribute,” explicitly reaching sexual orientation through its cross-reference to Indiana’s bias-reporting statute, while leaving gender identity only arguably covered through the broad catch-all wording rather than naming it directly. |
| Sources | https://www.indianasenaterepublicans.com/sb198faq https://law.justia.com/codes/indiana/title-10/article-13/chapter-3/section-10-13-3-1/ https://www.lgbtmap.org/file/2021-report-hate-crime-laws.pdf https://law.justia.com/codes/indiana/title-35/article-38/chapter-1/section-35-38-1-7-1/ |
Revision History (5)
| Old Value | New Value (Current) | |
|---|---|---|
| Value | (REMOVED) | Sexual orientation only |
| Special Status | Ambiguous | Sexual orientation only |
| Start Date | 2003 | Jul 1, 2019 |
| Description | If a person commits an existing crime and the judge finds the crime was motivated by bias due to the victim’s real or perceived characteristic, belief, practice, association or other attribute including but not limited to color, creed, disability, national origin, race, religion or sexual orientation, then the judge can add additional time to the sentence. This list of characteristics is set out in Indiana Code 10-13-3-1. "This law is carefully worded to make sure that courts can punish any bias crime committed against a person based on any trait they may have, including gender, even if that trait is not specifically listed in the law." | Indiana’s 2019 bias-crime sentencing law made bias motivation an aggravating circumstance when an offense was committed because of a victim’s real or perceived “characteristic, trait, belief, practice, association, or other attribute,” explicitly reaching sexual orientation through its cross-reference to Indiana’s bias-reporting statute, while leaving gender identity only arguably covered through the broad catch-all wording rather than naming it directly. |
Show Difference | ||
| Sources | https://www.indianasenaterepublicans.com/sb198faq https://law.justia.com/codes/indiana/title-10/article-13/chapter-3/section-10-13-3-1/ https://www.lgbtmap.org/file/2021-report-hate-crime-laws.pdf | https://www.indianasenaterepublicans.com/sb198faq https://law.justia.com/codes/indiana/title-10/article-13/chapter-3/section-10-13-3-1/ https://www.lgbtmap.org/file/2021-report-hate-crime-laws.pdf https://law.justia.com/codes/indiana/title-35/article-38/chapter-1/section-35-38-1-7-1/ |
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edited by mineszilla. state's hate crime falls in gray area due to it not explictly protecting individuals, but it instead hands it to the judge to make a decision in a very broad manner.
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Sexual orientation and gender identity | (REMOVED) |
| Special Status | Sexual orientation and gender identity | Ambiguous |
| Sources | https://www.indianasenaterepublicans.com/sb198faq https://law.justia.com/codes/indiana/title-10/article-13/chapter-3/section-10-13-3-1/ | https://www.indianasenaterepublicans.com/sb198faq https://law.justia.com/codes/indiana/title-10/article-13/chapter-3/section-10-13-3-1/ https://www.lgbtmap.org/file/2021-report-hate-crime-laws.pdf |
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edited by mineszilla. Bit more examiantion in the SB 198 FAQ shows that IN judges are allowed to charge individuals if the hate crime was against someone's gender even though it's not explictly in the law.
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Sexual orientation only | Sexual orientation and gender identity |
| Description | SB 198 protects individuals from hate crimes on the basis of sexual orientation. | If a person commits an existing crime and the judge finds the crime was motivated by bias due to the victim’s real or perceived characteristic, belief, practice, association or other attribute including but not limited to color, creed, disability, national origin, race, religion or sexual orientation, then the judge can add additional time to the sentence. This list of characteristics is set out in Indiana Code 10-13-3-1. "This law is carefully worded to make sure that courts can punish any bias crime committed against a person based on any trait they may have, including gender, even if that trait is not specifically listed in the law." |
Show Difference | ||
| Sources | https://www.indianasenaterepublicans.com/sb198faq | https://www.indianasenaterepublicans.com/sb198faq https://law.justia.com/codes/indiana/title-10/article-13/chapter-3/section-10-13-3-1/ |
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edited by mineszilla. Adding date to entry.
Helpful?
0 | Old Value (Original) | New Value | |
|---|---|---|
| Start Date | (unknown) | 2003 |
created by mineszilla
Helpful?
0 | Original entry | |
|---|---|
| Status | Sexual orientation only |
| Start Date | (unknown) |
| End Date | (none) |
| Description | SB 198 protects individuals from hate crimes on the basis of sexual orientation. |
| Sources | https://www.indianasenaterepublicans.com/sb198faq |