RCW 9A.36.078 Malicious harassment--Finding.
The legislature finds that crimes and threats against persons because of their race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicaps are serious and increasing.
The legislature also finds that crimes and threats are often directed against interracial couples and their children or couples of mixed religions, colors, ancestries, or national origins because of bias and bigotry against the race, color, religion, ancestry, or national origin of one person in the couple or family.
The legislature finds that the state interest in preventing crimes and threats motivated by bigotry and bias goes beyond the state interest in preventing other felonies or misdemeanors such as criminal trespass, malicious mischief, assault, or other crimes that are not motivated by hatred, bigotry, and bias, and that prosecution of those other crimes inadequately protects citizens from crimes and threats motivated by bigotry and bias. Therefore, the legislature finds that protection of those citizens from threats of harm due to bias and bigotry is a compelling state interest.
The legislature also finds that in many cases, certain discrete words or symbols are used to threaten the victims. Those discrete words or symbols have historically or traditionally been used to connote hatred or threats towards members of the class of which the victim or a member of the victim's family or household is a member.
In particular, the legislature finds that cross burnings historically and traditionally have been used to threaten, terrorize, intimidate, and harass African Americans and their families. Cross burnings often preceded lynchings, murders, burning of homes, and other acts of terror.
Further, Nazi swastikas historically and traditionally have been used to threaten, terrorize, intimidate, and harass Jewish people and their families. Swastikas symbolize the massive destruction of the Jewish population, commonly known as the holocaust.
Therefore, the legislature finds that any person who burns or attempts to burn a cross or displays a swastika on the property of the victim or burns a cross or displays a swastika as part of a series of acts directed towards a particular person, the person's family or household members, or a particular group, knows or reasonably should know that the cross burning or swastika may create a reasonable fear of harm in the mind of the person, the person's family and household members, or the group.
The legislature also finds that a hate crime committed against a victim because of the victim's gender may be identified in the same manner that a hate crime committed against a victim of another protected group is identified. Affirmative indications of hatred towards gender as a class is the predominant factor to consider.
Other factors to consider include the perpetrator's use of language, slurs, or symbols expressing hatred towards the victim's gender as a class; the severity of the attack including mutilation of the victim's sexual organs; a history of similar attacks against victims of the same gender by the perpetrator or a history of similar incidents in the same area; a lack of provocation; an absence of any other apparent motivation; and common sense. . .
What does that mean? In Soviet Russia it meant that having owned a Bible-a
book held to be hateful and "anti-semitic"-was reason for being
executed.
In Germany it means that people have been jumped at funerals by State police
for having raised their arms in what was thought to be the Führer salute.
One man, Edgar Geiss, was fined DM 9,000 already twenty years ago when he
saluted a wartime comrade as they lowered the dead man's coffin into the
grave.
In England it means that school calendars are printed listing a whole array
of ethnic holidays except for Christian Easter. In Canada it means that
Christian symbols are disdained at court houses but menorahs are allowed
and erected.
Soon, it will mean across this globe that only expressions of idolatry toward
all things Jewish will be okay. Christian and Moslem observances will be
banned because of "Separation of Church and State."
More and more people ask: Who needs these "hate laws" globally
so as not to be criticized and pilloried in public?
Ingrid
Thought for the Day:
"Force is but might," the teacher said,
"That definition's just."
The boy said nought
but thought
instead,
remembering
his pounded head:
"Force is not might,
but MUST."
(Ambrose Bierce)