The New York State one automatically gives a higher level offense.
Somewhat. It sometimes will tack on years to punishment when it can't go any higher on the chain. I have no problems with those hate crimes laws which really are a rewriting of the every crime to include a hate element to be considered. I DO have a problem with a 'tacking on' of some years of punishment simply because of a concern of terrorizing certain specified groups.
Hate crimes are not something different than the underlying crime. They cannot be prosecuted without some other crime occuring. To have a hate crime tacked on seems too much to me to punish the thought. To have it seperate from the criminal act is a bit scary to me (ie, no matter what you get convicted of, you will still be punished a certain number of years for your thoughts). A hate element in intent is fine, because it is more like a factor to be considered when punishing the criminal act.
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