N.Y. Laws » CHAPTER Penal / PART Administrative Provisions / TITLE Hate Crimes Act of 2000 / ARTICLE Hate Crimes
New York Consolidated Laws

N.Y. Penal Law § 485.00 (2026)

Legislative findings

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 485.00 Legislative findings.
  The legislature finds and determines as follows: criminal acts
involving violence, intimidation and destruction of property based upon
bias and prejudice have become more prevalent in New York state in
recent years.  The intolerable truth is that in these crimes, commonly
and justly referred to as "hate crimes", victims are intentionally
selected, in whole or in part, because of their race, color, national
origin, ancestry, gender, gender identity or expression, religion,
religious practice, age, disability or sexual orientation. Hate crimes
do more than threaten the safety and welfare of all citizens. They
inflict on victims incalculable physical and emotional damage and tear
at the very fabric of free society. Crimes motivated by invidious hatred
toward particular groups not only harm individual victims but send a
powerful message of intolerance and discrimination to all members of the
group to which the victim belongs. Hate crimes can and do intimidate and
disrupt entire communities and vitiate the civility that is essential to
healthy democratic processes. In a democratic society, citizens cannot
be required to approve of the beliefs and practices of others, but must
never commit criminal acts on account of them. However, these criminal
acts do occur and are occurring more and more frequently. Quite often,
these crimes of hate are also acts of terror. The recent attacks in
Monsey, New York as well as the shootings in El Paso, Texas; Pittsburgh,
Pennsylvania; Sutherland Springs, Texas; Orlando, Florida; and
Charleston, South Carolina illustrate that mass killings are often
apolitical, motivated by the hatred of a specific group coupled with a
desire to inflict mass casualties. The current law emphasizes the
political motivation of an act over its catastrophic effect and does not
adequately recognize the harm to public order and individual safety that
hate crimes cause. Therefore, our laws must be strengthened to provide
clear recognition of the gravity of hate crimes and the compelling
importance of preventing their recurrence.
  Accordingly, the legislature finds and declares that hate crimes
should be prosecuted and punished with appropriate severity.
Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 2001–2026 · leading case: People v. Assi, 928 N.E.2d 388 (N.Y. 2010).
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People v. Assi, 928 N.E.2d 388 (N.Y. 2010). · cites it 3× “The term “hate crimes” refers to criminal acts against “victims [who] are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation” (Penal Law § 485.00). The…”
People v. Dwight R. DeLee, 26 N.E.3d 210 (N.Y. 2014). · cites it 2× “The Legislature expressly found that hate crimes are uniquely harmful in comparison to similar ordinary crimes because they "do more than threaten the safety and welfare of all citizens" by "intimidat[ing] and disrupt[ing] entire communities and vitiat[ing] the civility that is…”
People v. Fox, 17 Misc. 3d 281 (N.Y. Sup. Ct. 2007). · cites it 3× “They claim that the legislative findings set forth in Penal Law § 485.00 alter the definition of a hate crime and additionally require the People to prove that the crime was motivated by bias, prejudice or hatred.”
Doe v. Green, 593 F. Supp. 2d 523 (W.D.N.Y. 2009). “The New York "hate crimes” statute, N.Y. Penal L. § 485.00 , took effect on October 8, 2000.”
People v. DeLee, 108 A.D.3d 1145 (N.Y. App. Div. 4th Dep't 2013). “In enacting the Hate Crimes Act of 2000, the legislature “found” and “determined” in Penal Law § 485.00 that “[h]ate crimes do more than threaten the safety and welfare of all citizens.”
People v. Amadeo, 188 Misc. 2d 187 (N.Y. Sup. Ct. 2001). · cites it 2× “On May 9, 2001, the newly assigned attorney asked the Court to permit him to file a motion challenging the constitutionality of New York’s recently enacted “Hate Crimes” legislation (Penal Law § 485.00). The Court directed the defendant’s counsel to file an order to show cause…”
People v. McDowd, 3 Misc. 3d 380 (N.Y. Sup. Ct. 2004). “, 176 III 2d 536, 551, 680 NE2d 1355, 1363 [1997]; see also Penal Law § 485.00.)”
People v. Assi, 63 A.D.3d 19 (N.Y. App. Div. 1st Dep't 2009). “The legislative findings, set forth in Penal Law § 485.00, note that criminal acts involving violence, intimidation and “destruction of property” based upon bias and prejudice have recently become more prevalent in this state, and are commonly and justly referred to as “hate…”
People v. Diaz, 188 Misc. 2d 341 (N.Y. Sup. Ct. 2001). “” (Penal Law § 485.00.) Implicit in the findings, of course, is the acknowledgment of our shared pain from past crimes committed against masses of peoples, groups, and individuals which unquestionably were meant to target certain classes of people.”
People v. Sozio, 247 A.D.3d 583 (N.Y. App. Div. 1st Dep't 2026). “The court properly considered dictionary definitions and the legislative findings and intent of the hate crime provisions, which note that perpetrators may have mixed motivations ( see Penal Law § 485.00; see People v Rosario , 177 AD3d 417 , 417-418 [1st Dept 2019], lv denied…”
Delee, Dwight, People v., No. KA 09-02479 (N.Y. App. Div. 4th Dep't July 19, 2013). “In enacting the Hate Crimes Act of 2000, the legislature “found” and “determined” in Penal Law § 485.00 that “[h]ate crimes do more than threaten the safety and welfare of all citizens.”
People v. DeLee, 108 A.D.3d 1145 (N.Y. App. Div. 4th Dep't 2013). “In enacting the Hate Crimes Act of 2000, the legislature “found” and “determined” in Penal Law § 485.00 that “[h]ate crimes do more than threaten the safety and welfare of all citizens.”
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