New York Consolidated Laws

N.Y. Penal Law § 485.05 (2026)

Hate crimes

✓ current as of May 2026

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§ 485.05 Hate crimes.
  1. A person commits a hate crime when he or she commits a specified
offense and either:
  (a) intentionally selects the person against whom the offense is
committed or intended to be committed in whole or in substantial part
because of a belief or perception regarding the race, color, national
origin, ancestry, gender, gender identity or expression, religion,
religious practice, age, disability or sexual orientation of a person,
regardless of whether the belief or perception is correct, or
  (b) intentionally commits the act or acts constituting the offense in
whole or in substantial part because of a belief or perception regarding
the race, color, national origin, ancestry, gender, gender identity or
expression, religion, religious practice, age, disability or sexual
orientation of a person, regardless of whether the belief or perception
is correct.
  2. Proof of race, color, national origin, ancestry, gender, gender
identity or expression, religion, religious practice, age, disability or
sexual orientation of the defendant, the victim or of both the defendant
and the victim does not, by itself, constitute legally sufficient
evidence satisfying the people's burden under paragraph (a) or (b) of
subdivision one of this section.
  3. A "specified offense" is an offense defined by any of the following
provisions of this chapter: section 120.00 (assault in the third
degree); section 120.05 (assault in the second degree); section 120.06
(gang assault in the second degree); section 120.07 (gang assault in the
first degree); section 120.10 (assault in the first degree); section
120.12 (aggravated assault upon a person less than eleven years old);
section 120.13 (menacing in the first degree); section 120.14 (menacing
in the second degree); section 120.15 (menacing in the third degree);
section 120.20 (reckless endangerment in the second degree); section
120.25 (reckless endangerment in the first degree); section 121.11
(criminal obstruction of breathing or blood circulation); section 121.12
(strangulation in the second degree); section 121.13 (strangulation in
the first degree); subdivision one of section 125.15 (manslaughter in
the second degree); subdivision one, two or four of section 125.20
(manslaughter in the first degree); section 125.25 (murder in the second
degree); section 125.26 (aggravated murder); section 125.27 (murder in
the first degree); section 120.45 (stalking in the fourth degree);
section 120.50 (stalking in the third degree); section 120.55 (stalking
in the second degree); section 120.60 (stalking in the first degree);
section 130.20 (sexual misconduct); section 130.25 (rape in the third
degree); section 130.30 (rape in the second degree); section 130.35
(rape in the first degree); former section 130.40; former section
130.45; former section 130.50; section 130.52 (forcible touching);
section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse
in the third degree); section 130.60 (sexual abuse in the second
degree); section 130.65 (sexual abuse in the first degree); section
130.65-a (aggravated sexual abuse in the fourth degree); section 130.66
(aggravated sexual abuse in the third degree); section 130.67
(aggravated sexual abuse in the second degree); section 130.70
(aggravated sexual abuse in the first degree); section 135.05 (unlawful
imprisonment in the second degree); section 135.10 (unlawful
imprisonment in the first degree); section 135.20 (kidnapping in the
second degree); section 135.25 (kidnapping in the first degree); section
135.60 (coercion in the third degree); section 135.61 (coercion in the
second degree); section 135.65 (coercion in the first degree); section
140.10 (criminal trespass in the third degree); section 140.15 (criminal
trespass in the second degree); section 140.17 (criminal trespass in the
first degree); section 140.20 (burglary in the third degree); section
140.25 (burglary in the second degree); section 140.30 (burglary in the
first degree); section 145.00 (criminal mischief in the fourth degree);
section 145.05 (criminal mischief in the third degree); section 145.10
(criminal mischief in the second degree); section 145.12 (criminal
mischief in the first degree); section 150.05 (arson in the fourth
degree); section 150.10 (arson in the third degree); section 150.15
(arson in the second degree); section 150.20 (arson in the first
degree); section 155.25 (petit larceny); section 155.30 (grand larceny
in the fourth degree); section 155.35 (grand larceny in the third
degree); section 155.40 (grand larceny in the second degree); section
155.42 (grand larceny in the first degree); section 160.05 (robbery in
the third degree); section 160.10 (robbery in the second degree);
section 160.15 (robbery in the first degree); section 230.34 (sex
trafficking); section 230.34-a (sex trafficking of a child); section
240.25 (harassment in the first degree); subdivision one, two or four of
section 240.30 (aggravated harassment in the second degree); section
240.50 (falsely reporting an incident in the third degree); section
240.55 (falsely reporting an incident in the second degree); section
240.60 (falsely reporting an incident in the first degree); subdivision
one of section 265.03 (criminal possession of a weapon in the second
degree); subdivision one of section 265.04 (criminal possession of a
weapon in the first degree); section 490.10 (soliciting or providing
support for an act of terrorism in the second degree); section 490.15
(soliciting or providing support for an act of terrorism in the first
degree); section 490.20 (making a terroristic threat); section 490.25
(crime of terrorism); section 490.30 (hindering prosecution of terrorism
in the second degree); section 490.35 (hindering prosecution of
terrorism in the first degree); section 490.37 (criminal possession of a
chemical weapon or biological weapon in the third degree); section
490.40 (criminal possession of a chemical weapon or biological weapon in
the second degree); section 490.45 (criminal possession of a chemical
weapon or biological weapon in the first degree); section 490.47
(criminal use of a chemical weapon or biological weapon in the third
degree); section 490.50 (criminal use of a chemical weapon or biological
weapon in the second degree); section 490.55 (criminal use of a chemical
weapon or biological weapon in the first degree); or any attempt or
conspiracy to commit any of the foregoing offenses.
  4. For purposes of this section:
  (a) the term "age" means sixty years old or more;
  (b) the term "disability" means a physical or mental impairment that
substantially limits a major life activity;
  (c) the term "gender identity or expression" means a person's actual
or perceived gender-related identity, appearance, behavior, expression,
or other gender-related characteristic regardless of the sex assigned to
that person at birth, including, but not limited to, the status of being
transgender.

Notes of Decisions

Cited in 35 cases (6 in the last 5 years), 2001–2026 · leading case: People v. Spratley, 2017 NY Slip Op 5478 (N.Y. App. Div. 2017).

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People v. Spratley, 2017 NY Slip Op 5478 (N.Y. App. Div. 2017). · cites it 10× “County Court partially granted the motion and dismissed the hate crime counts, finding that the evidence submitted to the grand jury was not sufficient to establish that such offenses were committed “in whole or in substantial part because of a belief or perception regarding the…”

People v. Fox, 17 Misc. 3d 281 (N.Y. Sup. Ct. 2007). · cites it 19× “The Hate Crimes Statute Penal Law § 485.05 (1) (a) provides: “A person commits a hate crime when he or she commits a specified offense[ 2 ] and .”

People v. Assi, 928 N.E.2d 388 (NY 2010). · cites it 5× “The Act requires enhanced sentences for dozens of specified offenses committed under circumstances that satisfy the definition of hate crimes (see Penal Law §§ 485.05, 485.10). Chapter 107 was to take effect 90 days after it was enacted (see L 2000, ch 107, § 9), which meant…”

In re McG., 27 A.D.3d 749 (N.Y. App. Div. 2006). · cites it 6× “), dated May 12, 2005, which, upon a fact-finding order of the same court dated March 21, 2005, made after a hearing, finding that the appellant committed acts, which, if committed by an adult, would have constituted the crimes of assault in the second degree charged as a hate…”

The People v. Dwight R. DeLee, 26 N.E.3d 210 (NY 2014). · cites it 2× “Because a hate crime and the equivalent non-hate or ordinary crime share all the same elements, with the exception of the bias motive that elevates a regular crime to a hate crime (see Penal Law § 485.05), it is impossible to commit the hate crime without also committing the…”

People v. Laufer, 2020 NY Slip Op 05929 (N.Y. App. Div. 2020). “05(1)(b), rather than Penal Law § 485.05(1)(a), made it easier for the jury to convict him of attempted murder in the second degree as a hate crime.”

Hernandez v. Robles, 7 Misc. 3d 459 (N.Y. Sup. Ct. 2005). “) These enactments include the Sexual Orientation NonDiscrimination Act (SONDA) (L 2002, ch 2 [prohibiting discrimination on basis of sexual orientation in employment, education, and housing accommodations]) and Hate Crimes Act of 2000 (Penal Law § 485.05 [1] [a] [New York’s…”

People v. Marino, 35 A.D.3d 292 (N.Y. App. Div. 2006). “This evidence supported the inference that defendant had selected the victims based, in whole or in substantial part, on their race (see Penal Law § 485.05 [1] [a]; People v Pirozzi, 237 AD2d 628 [1997], lv denied 90 NY2d 909 [1997]).”

People v. DeLee, 108 A.D.3d 1145 (N.Y. App. Div. 2013). “, that defendant intentionally selected the victim because of his *1152 sexual orientation (see Penal Law § 485.05 [1] [a]). During deliberations, the jury sent out a note requesting “the definition of manslaughter murder, hate crime” (emphasis added).”

People v. Winston, 2022 NY Slip Op 02080 (N.Y. App. Div. 2022). “The hate crime charges require a showing that a defendant "intentionally select[ed]" a victim "in whole or in substantial part because of a belief" about that person's religious practice (Penal Law § 485.05[1][a]). The charge of aggravated harassment in the second degree,…”

Andrews v. State, 930 A.2d 846 (Del. 2007). “§ 846-51 (2003)), New York ( N.Y. Penal Law § 485.05 (l)(a) (2003)), Rhode Island (R.”

People v. Minucci, 68 A.D.3d 1017 (N.Y. App. Div. 2009). “Nevertheless, the error was harmless in light of the overwhelming evidence that the crimes at issue were motivated in substantial part by the defendant’s belief and perception regarding race or color (see Penal Law § 485.05 [1]), and the fact that the défendant’s two character…”

Show all 35 citing cases →

— N.Y. Penal Law § 485.05(1)(a) — 1 case

— N.Y. Penal Law § 485.05(a)(1) — 1 case

Fox v. Martuscello (E.D.N.Y 2019).

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