On Christmas Eve 2022, a young Asian couple had an unpleasant encounter while filming a TikTok video that went viral at an In-N-Out restaurant in San Ramon, California.
In the video, both young people are enjoying their meal when a man approaches them shouting comments, however, these were of a homophobic and racist nature.
The incident culminated in the arrest of a man named Jordan Douglas Krah, 40, of Denver, Colorado, for violating California's hate crime laws.
The incident did not escalate to serious matters, despite the fact that the man waited for these young people outside the establishment for at least 15 minutes. But when does an act like that become a hate crime or incident? How can you recognize the signs to report it as such?
Hate and Crime
Let's start with some terminology, which can often be confusing.
According to the U.S. Department of Justice, in the simplest terms, a hate crime must include both the element of “hate” and a “crime.”
The term “hate” can be confusing. When used in the context of a hate crime law, the word itself does not mean rage, anger, or general dislike. In this context, “hate” means a bias against people or groups with specific characteristics defined by the law.
At the federal level, hate crime laws include crimes committed on the basis of a victim's actual or perceived race, color, religion, national origin, sexual orientation, gender, gender identity, or disability.
The “crime” element in a “hate crime” is usually one of a violent nature such as assault, murder, arson, vandalism, or threats to be committed. It can also include conspiracy to commit such acts or asking another person to commit them, even if the crime is never committed.
Hate crime: At the federal level, it is a crime committed on the basis of race, skin color, religion, national origin, sexual orientation, gender, gender identity or disability.
Hate or bias incident: Acts of prejudice that are not crimes and do not involve violence, threats or property damage.
Under the First Amendment to the U.S. Constitution, people cannot be prosecuted or targeted simply for their beliefs, the agency explains. People may be offended or bothered by beliefs that are untrue or based on false biases, but it is not a crime to express such offensive beliefs or to join others who share the same beliefs.
However, the First Amendment does not protect people who commit a crime simply because the conduct is based on philosophical beliefs.
Hate crimes have a broader impact than other types of crimes. Victims of hate crimes include not only the immediate target of the crime but others who are like them. Hate crimes affect families, communities, and sometimes the entire country.
Why should you report a hate crime?
The gap in the reporting of hate crimes is important, since various organizations consider that the real numbers of these acts triple those registered or those that are reported to the authorities.
This is why it is essential to report hate crimes not only to show support and get help for victims but also to send a clear message that the community will not tolerate these types of acts.
Reporting hate crimes allows communities and law enforcement to understand the scope of the problem within the community and dedicate resources to preventing and addressing bias and hate-based attacks.
According to California state authorities, if you are the victim of a hate crime, you should do the following:
- Contact local law enforcement immediately.
- Seek medical attention (if needed).
- Write down the exact words that were said.
- Write down any other information.
- Save all evidence (e.g. graffiti, eggshells, writing on the victim's vehicle, etc.). If it is safe, wait until the police arrive and take photos.
- Get the names, addresses, phone numbers and emails of other victims and witnesses.
- Try to get a description of the offender or the vehicle from any witnesses who were present.
- Contact community organizations in your area that respond to hate crimes.
What you and your community can do:
- Denounce hate and intolerance.
- Attend community rallies to support victims.
- Offer support and assistance to victims.
- Ask public officials to report hate crimes.
- Establish a human relations commission or hate crimes network that includes law enforcement, local government, schools, faith-based organizations, and community organizations, and ask them to respond to hate crimes immediately when they occur and to promote prevention and awareness.
Hate incidents must also be reported. Some examples of hate incidents include:
- Offensive nicknames.
- Abuse.
- Displaying hateful materials on property one owns.
- Posting hate material that does not cause property damage.
- Distribution of materials with hate messages in public places.
Where to find help:
It is important to call 911 or go to a local hospital if immediate attention is needed. To file a report, you can contact local law enforcement.
The California Attorney General's Victim Services Unit provides crime victims and their families with support and information throughout the criminal justice process. For more information, call (877) 433-9069 or visit www.oag.ca.gov/hatecrimes.
The Department of Fair Employment and Housing (DFEH) is the state agency charged with enforcing California's civil rights laws and protecting people not only from illegal discrimination in employment, housing, and public accommodations, but also from hate violence and human trafficking.
The DFEH accepts reports from victims of hate violence or threats of violence based on the victim's actual or perceived protected social group. For information on how to file a report, please visit the DFEH website. www.dfeh.ca.gov.
The Victim Witness Assistance Center of the local District Attorney's Office works directly with the California Victim Compensation Board (CalVCB) to assist victims in all counties. For information on a local office and resources visit the website www.victims.ca.gov/victims/localhelp.aspx.
Remember that the California Victims' Rights Act, known as Marsy's Law, grants legal rights to the victim(s) such as:
- Get money for your losses. Use the money to cover property losses, medical expenses, lost wages, and other losses.
- Tell how the crime affected you. Tell the court how the crime has affected your life before the defendant is sentenced.
- Obtain information about the criminal case. Ask the prosecutor for certain information about the case.
- Obtain court orders. The court may issue a protective order to keep the defendant away from you or an order to pay an attorney's fees if you hired one to help you with your case. In addition, the court may order the defendant to pay you $25,000 or more for violating your civil rights. Talk to an attorney about your rights under the Ralph Act and the Bane Act.
- California law prohibits law enforcement from asking people, including those reporting or being victims of possible crimes, about their immigration status unless the information is necessary to certify the victim for a U visa — a crime victim visa — or a T visa — a human trafficking victim visa.
This publication was supported in whole or part by funding provided by the State of California, administered by the California State Library.
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