State’s Attorney John McCarthy’s Interview and Statement on Hate Crimes and Bias-Related Incidents

Courtesy of Jackie Benson, News 4 NBC Washington

"The State's Attorney's Office is dedicated to the aggressive prosecution of hate crimes. Twice recognized* as the leading prosecutor’s office in the nation in addressing hate crime, we are continuing and expanding that commitment through public education. Help us protect you and those you love. Report hate crimes and bias-related incidents. Our mission is to protect all residents of Montgomery County, regardless of race, color, national origin religious belief, sexual orientation, gender, gender identity, homelessness, disability or immigration status."

-John McCarthy, State’s Attorney for Montgomery County, Maryland

*In both 2012 and 2014 the Anti-Defamation League of the United States presented the Montgomery County, Maryland State’s Attorney’s Office with its SHIELD Award for outstanding leadership and prosecution of hate crimes.

What Constitutes A Hate Crime Under Maryland Law?

The hate crimes statute, located in the Annotated Code of Maryland, Criminal Law Article sections 10-301 through 10-308, states that a person may not:

• Commit a crime that is motivated either in whole or substantial part by another person’s or group’s race, color, national origin, religious belief, sexual orientation, gender, gender identity, homelessness, or disability.
• Deface, damage or destroy or attempt or threaten to deface, damage, destroy, or burn the property of a person or group based on their race, color, national origin, religious belief, sexual orientation, gender, gender identity, homelessness or disability.
• By force or threat of force, obstruct or attempt to obstruct another in the free exercise of that person’s religious beliefs.
• Deface, damage or destroy property that is owned, leased, or used by a religious entity.
• Deface, damage, destroy, or attempt or threaten to deface, damage, destroy or burn an object on real or personal property connected to a building that is publicly or privately owned, leased or used, because a person or group of a particular race, color, national origin, religious belief, sexual orientation, gender, gender identity, homelessness or disability has contacts or is associated with the building
• Deface, damage, destroy or attempt or threaten to deface, damage, destroy or burn an object on property connected to a building that is publicly or privately owned leased or used, if there is evidence that exhibits animosity against a person or group because of the person or groups race, color, national origin, religious beliefs, sexual orientation, gender, gender identity, homelessness or disability.
• With the intent to intimidate or threaten any person or group of persons, place or inscribe an item or symbol including an actual or depicted noose or swastika, whether temporary or permanent, on any real or personal property, public or private, without the express permission of the owner, owner’s agent or lawful occupant.
• First Amendment Rights Protected: nothing in this subsection may be construed to infringe on speech of a religious leader or other individual during peaceable activity intended to express the leader’s or individual’s religious beliefs or convictions.

Chart Of Penalties

If a person commits a crime motivated by any of the factors above, they can be charged with a hate crime. This carries a penalty in addition to the penalty for the crime committed.

OFFENSE	PENALTY
Misdemeanor	Up to 3 Years in Prison and/or a $5,000 Fine
Felony	Up to 10 Years in Prison and/or a $10,000 Fine
Crime Resulting in Death	Up to 20 Years in Prison and/or a $20,000 Fine

What is a Bias-Related Incident in Maryland?

A bias-related Incident is an incident that may be motivated by race, color, national origin, religious belief, sexual orientation, gender, gender identity, homelessness or disability but is different than a hate crime because it does not rise to the level of a criminal offense. For example: name calling, hateful speech, derogatory language, shunning or ignoring someone may be offensive and inappropriate but may not rise to the level of a crime.

The Montgomery County Maryland Police Department investigates and collects data on both hate crimes and bias-related incidents. If you are a victim of an event that occurred in Montgomery County, please notify the Montgomery County Police Department. If the incident occurred in another jurisdiction, please contact the local police department in that jurisdiction.

What to Do if You Believe that You are the Victim of, or Witness a Hate Crime or Bias-Related Incident

REPORT IT!

• Dial 9-1-1 in an emergency.
• In a non-emergency, dial 301-279-8000 to contact the Montgomery County Police.
• For your own safety do not take it upon yourself to confront perpetrators.
• Do not clean up or destroy any evidence related to the crime until after the police arrive and investigate.
• Ask the police what services are available to you.
• See more Resources.

What to Do if You Believe You Have Been Discriminated Against

If you believe you have been discriminated against in the areas of employment, housing, public accommodations, law enforcement, and finance, contact the Montgomery County Office of Human Rights at 240-777-8450 or go to their website at https://www.montgomerycountymd.gov/humanrights/.

Inquires and/or questions concerning possible violations can also be made by calling 311.

Resources

For Deaf, Hard of Hearing and Visually Impaired Dial: TTY Maryland Relay 7-1-1

HATE CRIME HOTLINES:

Attorney General's Office Hate Crimes Hotline: 1-866-481-8361

CRISIS/COUNSELING:

2-1-1 – Provides information and referrals to health and human services and social assistance programs in Maryland.

• Call 2-1-1
• Go to their website at: https://211md.org/
• Chat at: https://211md.org/chat-with-us/
• Text your zip code to 898-211

Crisis Text Line – Text HOME to 741741; https://www.crisistextline.org/

• Free 24/7 crisis intervention support
• Connect with a Crisis Counselor
• Mental Health Support
• Support concerning:
  • Anxiety
  • Eating Disorders
  • Depression
  • Emotional Abuse
  • Suicide
  • Loneliness
  • Self-Harm
  • Coronavirus

National Suicide Prevention Lifeline at 1(800)273-8255

• Or Text HOME to the Crisis Textline at 741741
• Or visit: https://suicidepreventionelifeline.org

Pro Bono Counseling Project

• Connects uninsured/under-insured/low-income individuals with mental health professionals.
• For Pro Bono Counseling: (410) 825-1001
• Contact Warmline at: 410-598-0234 or 443-608-9182 Monday-Friday between 10:00 am and 6:00 pm
• https://probonocounseling.org/

Montgomery County Crisis Center

• In-person crisis intervention assistance
• Located at Mid-County DHHS Building, 1301 Piccard Drive, Rockville, MD 20850
• Phone: 240-777-4000
• https://www.montgomerycountymd.gov/HHS-Program/Program.aspx?id=BHCS/BHCS24hrcrisiscenter-p204.html

GOVERNMENT RESOURCES:

Maryland Commission on Civil Rights

• Investigates complaints of discrimination in employment, housing, public accommodations, and the State’s commercial non-discrimination policy for members of protected classes
• 1-800-637-6247 between 8:30am and 5pm, weekdays.
• DISCRIMINATION INTAKE/INQUIRY FORM: https://www.montgomerycountymd.gov/humanrights/Resources/Files/INTAKE_FORM_2018.pdf

Montgomery County Office of Human Rights https://www.montgomerycountymd.gov/humanrights/

• Phone: 240-777-8450
• Inquires and/or questions concerning possible violations can also be made by calling 311

Montgomery County Committee Against Hate/Violence https://www.montgomerycountymd.gov/humanrights/outreach/Hate/index.html

Victim Assistance and Sexual Assault Program (VASAP) https://www.montgomerycountymd.gov/hhs-program/BHCS/VASAP/VASAPindex.html

• Email: [email protected]
• 240-777-1355 weekdays
• 240-777-4357 24-hour crisis line
• 240-777-1347 TTY
• 240-777-1329 FAX

Maryland Attorney General’s Civil Rights Division
1-888-743-0023 https://www.marylandattorneygeneral.gov/Pages/CivilRights/CivilRightsFAQ.aspx

Maryland Commission on Civil Rights https://mccr.maryland.gov/Pages/default.aspx

• To file a complaint: https://mccr.maryland.gov/Pages/Intake.aspx 410-767-8600; 1-800-637-6247

The United States Department of Justice Hate Crime https://www.justice.gov/hatecrimes

Maryland State Police https://mdsp.maryland.gov/Pages/default.aspx

Maryland General Assembly Statute Search https://mgaleg.maryland.gov/mgawebsite/laws/statutes

For Federal Hate Crime Laws and Policies https://www.justice.gov/hatecrimes/laws-and-policies

OTHER RESOURCES:

Rebuild, Overcome, and Rise (ROAR) https://www.umaryland.edu/roar/

• Assisting survivors of crime

Maryland Crime Victims' Resource Center (MCVRC) https://www.mdcrimevictims.org/

• 301-952-0063
• Provides free legal representation and advocacy services for victims of crime

• Volunteer support services for victims of violent crimes and attacks

COMPENSATION FUNDS:

Partnership Fund for Victims of Hate Violence https://www.montgomerycountymd.gov/humanrights/outreach/partnership.html

• (240) 777-8450
• TTY/TTD (240) 777-8480

Victim Assistance and Sexual Assault Program (VASAP) https://www.montgomerycountymd.gov/hhs-program/BHCS/VASAP/VASAPindex.html

• Email: [email protected]
• 240-777-1355 weekdays
• 240-777-4357 24-hour crisis line
• 240-777-1347 TTY
• 240-777-1329 FAX

Maryland Criminal Injuries Compensation Board https://goccp.maryland.gov/victim-services/cicb/

• 410-585-3010

Hate Crime Brochures And Materials:

"Hate Crime and Bias-Related Incidents"

(LINK HERE)

"Hate Violence - Know Your Rights" Brochure by the Montgomery County Office of Human Rights and Human Rights Commission:

https://www.montgomerycountymd.gov/humanrights/resources/files/kyr_hate_violence_brochure.pdf

Montgomery County Police Hate Crime Brochure

https://www.montgomerycountymd.gov/pol/Resources/Files/CommunityEngagement/ResponsetoBiasandHateEnglish.pdf

"Fighting Hate Crimes: A Resource Guide" Brochure - Maryland Office of the Attorney General Civil Rights Division

https://www.marylandattorneygeneral.gov/CivilRights%20Documents/HCP.pdf

"Strategies for Responding to Hate Crimes and Bias Incidents" - Civil Rights Division, Office of the Attorney General’s Office for Maryland.

https://www.marylandattorneygeneral.gov/CivilRights%20Documents/Hate_Crimes.pdf