Hate crime laws create additional or enhanced penalties for crimes committed with bias toward particular characteristics, such as race, religion, disability, sexual orientation, or gender identity. As shown on separate maps, some state laws also require data collection about hate crimes and training for law enforcement about hate crimes.
The federal Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act allows the federal government to prosecute hate crimes, including those based on sexual orientation and gender identity. State laws may also allow for state or local prosecution of certain hate crimes, depending on what, if any, protections the state law offers.
- Law enumerates sexual orientation and gender identity(22 states , 2 territories + D.C.)
- Law enumerates only sexual orientation (11 states)
- State explicitly interprets existing hate crimes law to include sexual orientation and/or gender identity (1 state)
- Existing hate crime law does not cover sexual orientation or gender identity (13 states)
- No hate crime law (4 states, 3 territories)
*Notes:
--Rhode Island's data collection law includes both sexual orientation and gender identity, but its actual hate crime statute includes only sexual orientation. Click "Citations & More Information" beneath the map legend for more detail.
--Tennessee state law explicitly enumerates sexual orientation, but not gender identity. However, the law does enumerate "gender," and the state attorney general affirms that this means transgender people are also protected.
--Both Arkansas and Indiana have laws that are sometimes mischaracterized as hate crime laws. However, the laws in these two states are written so broadly that they could be applied to virtually any circumstance, which is at odds which both the structure and purpose of hate crime law. For more information, click the "Read the State-by-State Statutes" button, or read MAP's July 2021 report on hate crime laws linked below.
The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act amended federal hate crime law to include gender, sexual orientation, gender identity, and disability. State hate crime laws are still important, because not all crimes may fall under federal jurisdiction.
Read MAP’s report Policy Spotlight: Hate Crime Laws (July 2021) for more analysis of the many dimensions of state hate crime laws, the complex patchwork across states, the limitations of hate crime laws, and the potential opportunities for expanding social and policy responses to hate violence.
Recommended citation:
Movement Advancement Project. "Equality Maps: Hate Crime Laws." https://www.mapresearch.org/equality-maps/hate_crime_laws. Accessed 11/22/2024.
--Rhode Island's data collection law includes both sexual orientation and gender identity, but its actual hate crime statute includes only sexual orientation. Click "Citations & More Information" beneath the map legend for more detail.
--Tennessee state law explicitly enumerates sexual orientation, but not gender identity. However, the law does enumerate "gender," and the state attorney general affirms that this means transgender people are also protected.
--Both Arkansas and Indiana have laws that are sometimes mischaracterized as hate crime laws. However, the laws in these two states are written so broadly that they could be applied to virtually any circumstance, which is at odds which both the structure and purpose of hate crime law. For more information, click the "Read the State-by-State Statutes" button, or read MAP's July 2021 report on hate crime laws linked below.
The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act amended federal hate crime law to include gender, sexual orientation, gender identity, and disability. State hate crime laws are still important, because not all crimes may fall under federal jurisdiction.
Read MAP’s report Policy Spotlight: Hate Crime Laws (July 2021) for more analysis of the many dimensions of state hate crime laws, the complex patchwork across states, the limitations of hate crime laws, and the potential opportunities for expanding social and policy responses to hate violence.
Recommended citation:
Movement Advancement Project. "Equality Maps: Hate Crime Laws." https://www.mapresearch.org/equality-maps/hate_crime_laws. Accessed 11/22/2024.
Percent of Adult LGBTQ Population Covered by Laws
*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.
Consistent, accurate data collection about hate crimes is vital for understanding the scope of violence, trends over time, and what measures are effective (or ineffective) in combatting hate crime. Currently, 30 states and D.C. have laws requiring some degree of state-based data collection about hate crimes. Importantly, data collection requirements can include more or fewer categories (e.g., sexual orientation) than the state’s main hate crime law, and data collection requirements can exist even in states without a hate crime law (e.g., Indiana). The below map shows both what states require hate crimes data collection, and of those states, which specifically require data collection about hate crimes based on sexual orientation and gender identity.
- State requires hate crime data collection, including for crimes based on sexual orientation and gender identity(17 states + D.C.)
- State requires hate crime data collection, including for crimes based on sexual orientation (8 states)
- State requires hate crime data collection, but does not mention crimes based on sexual orientation or gender identity (5 states)
- State does not require hate crime data collection(20 states, 5 territories)
State requires hate crime data collection but not for crimes based on sexual orientation and/or gender identity, even though the state’s main hate crime law enumerates sexual orientation and/or gender identity (see note)(2 states)
State requires hate crime data collection, but relies only on voluntary reporting from law enforcement agencies, meaning data collection may be limited (4 states + D.C.)
*Note: Indiana does not have a hate crime law, but it does require data collection about hate crimes, including based on sexual orientation. Kentucky’s hate crime law includes hate crimes based on sexual orientation, but it does not require data collection about hate crimes based on sexual orientation. Utah’s hate crime law includes hate crimes based on both sexual orientation and gender identity, but it does not require data collection about hate crimes based on either category.
The FBI asks all jurisdictions (e.g., law enforcement agencies and local, county, state governments) to provide data about hate crimes based on all categories included in federal hate crime law, even if federal law is more inclusive than state law. However, very few law enforcement agencies report hate crime data directly to the FBI at all, and governments may only collect or report on categories that their state law requires.
Read MAP’s report Policy Spotlight: Hate Crime Laws (July 2021) for more analysis of the many dimensions of state hate crime laws, the complex patchwork across states, the limitations of hate crime laws, and the potential opportunities for expanding social and policy responses to hate violence.
Recommended citation: Movement Advancement Project. "Equality Maps: Hate Crime Laws." https://www.lgbtmap.org/equality-maps/hate_crime_laws. Accessed 11/22/2024.
The FBI asks all jurisdictions (e.g., law enforcement agencies and local, county, state governments) to provide data about hate crimes based on all categories included in federal hate crime law, even if federal law is more inclusive than state law. However, very few law enforcement agencies report hate crime data directly to the FBI at all, and governments may only collect or report on categories that their state law requires.
Read MAP’s report Policy Spotlight: Hate Crime Laws (July 2021) for more analysis of the many dimensions of state hate crime laws, the complex patchwork across states, the limitations of hate crime laws, and the potential opportunities for expanding social and policy responses to hate violence.
Recommended citation: Movement Advancement Project. "Equality Maps: Hate Crime Laws." https://www.lgbtmap.org/equality-maps/hate_crime_laws. Accessed 11/22/2024.
Percent of Adult LGBTQ Population Covered by Laws
*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.
Hate crime laws, in their current form, rely on law enforcement for responding to hate crime incidents, identifying incidents as hate-motivated, collecting data, connecting victims to needed resources, and more. Some states require law enforcement to receive training about hate crimes, and these trainings commonly include how to correctly identify, appropriately respond to, and accurately collect data and report hate crimes. Importantly, law enforcement training requirements can include more or fewer categories (e.g., crimes based on sexual orientation) than the state’s main hate crime law. The below map shows both what states require law enforcement training about hate crimes, and of those states, which specifically require law enforcement training about hate crimes based on sexual orientation and gender identity.
- State requires hate crime training for law enforcement, including for crimes based on sexual orientation and gender identity(13 states)
- State requires hate crime training for law enforcement, including for crimes based on sexual orientation (4 states)
- State requires hate crime training for law enforcement, but does not mention crimes based on sexual orientation or gender identity (1 state)
- State does not require hate crime training for law enforcement(32 states , 5 territories + D.C.)
- State requires hate crime training for law enforcement but not for crimes based on sexual orientation and/or gender identity, even though the state’s main hate crime law enumerates sexual orientation and/or gender identity (see note)(1 state)
- State requires hate crime training, but only for prosecuting attorneys and not for police (1 state)
*Note: Kentucky’s hate crime law includes hate crimes based on sexual orientation, but its law enforcement training requirement does not. Oregon’s hate crime law includes hate crimes based on gender identity, but its law enforcement training requirement does not.
In states without hate crime training requirements, law enforcement may still receive such training, but it is not statutorily required that they do so.
Read MAP’s report Policy Spotlight: Hate Crime Laws (July 2021) for more analysis of the many dimensions of state hate crime laws, the complex patchwork across states, the limitations of hate crime laws, and the potential opportunities for expanding social and policy responses to hate violence.
Recommended citation: Movement Advancement Project. "Equality Maps: Hate Crime Laws." https://www.lgbtmap.org/equality-maps/hate_crime_laws. Accessed 11/22/2024.
In states without hate crime training requirements, law enforcement may still receive such training, but it is not statutorily required that they do so.
Read MAP’s report Policy Spotlight: Hate Crime Laws (July 2021) for more analysis of the many dimensions of state hate crime laws, the complex patchwork across states, the limitations of hate crime laws, and the potential opportunities for expanding social and policy responses to hate violence.
Recommended citation: Movement Advancement Project. "Equality Maps: Hate Crime Laws." https://www.lgbtmap.org/equality-maps/hate_crime_laws. Accessed 11/22/2024.
Percent of Adult LGBTQ Population Covered by Laws
*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.
Key
- State has law that only covers sexual orientationLaw covers sexual orientation
- State has law that covers sexual orientation and gender identityLaw covers sexual orientation and gender identity/expression
| State | Hate Crime Law | Data Collection | Law Enforcement Training | Year Hate Crime Law Passed |
| Citations | Citations | Citations | ||
| Alabama | ||||
| Alaska | ||||
| American Samoa | ||||
| Arizona |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
2003 |
| Arkansas | ||||
| California |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
1999 |
| Colorado |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2005 | |
| Connecticut |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2004 |
| Delaware |
State has law that covers sexual orientation and gender identity |
1997 (SO); 2013 (GI) | ||
| District of Columbia |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
1989 | |
| Florida |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
2001 | |
| Georgia |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2020 | |
| Guam | ||||
| Hawaii |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2003 | |
| Idaho | ||||
| Illinois |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2001 (SO); 2016 (GI) |
| Indiana |
State has law that only covers sexual orientation |
|||
| Iowa |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
2002 |
| Kansas |
State has law that only covers sexual orientation |
2002 | ||
| Kentucky |
State has law that only covers sexual orientation |
2001 | ||
| Louisiana |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
2002 |
| Maine |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2001 |
| Maryland |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2005 |
| Massachusetts |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2002 (SO); 2011 (GI) |
| Michigan |
State has law that only covers sexual orientation |
|||
| Minnesota |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
1993 |
| Mississippi | ||||
| Missouri |
State has law that covers sexual orientation and gender identity |
1999 | ||
| Montana | ||||
| Nebraska |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
2002 | |
| Nevada |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2001 (SO); 2013 (GI) | |
| New Hampshire |
State has law that covers sexual orientation and gender identity |
2002 (SO); 2019 (GI) | ||
| New Jersey |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2002 (SO); 2008 (GI) |
| New Mexico |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2003 | |
| New York |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2002 (SO); 2019 (GI) |
| North Carolina | ||||
| North Dakota | ||||
| Northern Mariana Islands | ||||
| Ohio | ||||
| Oklahoma | ||||
| Oregon |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2001 (SO); 2008 (GI) |
| Pennsylvania | ||||
| Puerto Rico |
State has law that covers sexual orientation and gender identity |
|||
| Rhode Island |
State has law that only covers sexual orientation |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2001 (SO) |
| South Carolina | ||||
| South Dakota | ||||
| Tennessee |
State has law that only covers sexual orientation |
2001 | ||
| Texas |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
2002 |
| U.S. Virgin Islands |
State has law that covers sexual orientation and gender identity |
2014 | ||
| Utah |
State has law that covers sexual orientation and gender identity |
2019 | ||
| Vermont |
State has law that covers sexual orientation and gender identity |
2001 | ||
| Virginia |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2020 | |
| Washington |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
1993 (SO); 2009 (GI) |
| West Virginia | ||||
| Wisconsin |
State has law that only covers sexual orientation |
2002 | ||
| Wyoming |
Data current as of 11/06/2024
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