True or False: Under Virginia Code 18.2-57 A/B, can you charge someone with a hate crime?

True or False: Under Virginia Code 18.2-57 A/B, can you charge someone with a hate crime?

• A. True
• B. Not enough information
• C. Depends on the prosecutor
• D. False

Answer: (D)

In Virginia, hate-motivated offenses are not charged as a separate crime. The statute provides enhanced penalties when a crime is committed with bias against a protected class, but you charge the underlying offense first. If the evidence shows the motive was biased, the court may apply the hate-crime enhancement, increasing punishment, rather than having a standalone “hate crime” charge. For example, you would charge assault and battery, and the bias motive can justify an enhanced sentence under the statute. So the statement is false because there isn’t a separate hate-crime charge under that code section; the motive leads to enhanced penalties for the underlying offense.

In Virginia, hate-motivated offenses are not charged as a separate crime. The statute provides enhanced penalties when a crime is committed with bias against a protected class, but you charge the underlying offense first. If the evidence shows the motive was biased, the court may apply the hate-crime enhancement, increasing punishment, rather than having a standalone “hate crime” charge. For example, you would charge assault and battery, and the bias motive can justify an enhanced sentence under the statute. So the statement is false because there isn’t a separate hate-crime charge under that code section; the motive leads to enhanced penalties for the underlying offense.