The following was sent to Utah’s state senators and representatives ahead of the 2019 legislative session.

An important part of Sutherland Institute’s mission is informing debate and elevating dialogue about important public policy issues. To that end, Sutherland is establishing a regular communication – the Sutherland Data Check – intended to provide policymakers and the public with pertinent facts, data and credible information to inform and add context to discussions about important policy issues.

This first Sutherland Data Check focuses on the issue of hate crimes. We hope that this information will be helpful to you as you make public policy decisions on behalf of your constituents, and that you will reach out to us if we can be of further assistance. Thank you for your public service.

What is a hate crime?

The FBI defines a hate crime as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against” a class of people protected in hate crime laws.

States with hate crime laws

According to the Anti-Defamation League, 45 states and the District of Columbia allow for enhanced criminal penalties for hate crimes.

Utah’s hate crime law

Utah has a hate crime law that is unique among state hate crime laws. Unlike other state’s laws, Utah’s current law does not define categories or classes to protect and it only applies to misdemeanor crimes.

 Protections in state hate crime laws

State hate crime laws across the country protect individuals based on 38 categories or classes – some of which overlap in whole or in part.

Protections in proposed hate crime legislation in Utah

 The 2018 version of hate crime legislation in Utah would protect individuals in 9 categories or classes.

Comparing proposed hate crime legislation to other state hate crime laws

The 2018 version of hate crimes legislation in Utah arguably covered some or all of 23 of the 38 categories or classes included in other states’ hate crime laws, meaning it did not include 40 percent of those categories or classes.

Hate crime numbers in Utah

According to FBI data, in 2017 there were 94 hate crimes reported in the state of Utah, which was a 27 percent drop from the average hate crimes reported between 2010 and 2016, in which the number of hate crimes reported was relatively stable.

Data source: FBI hate crime statistics

Types of hate crimes in Utah

According to FBI data, in 2017 there were reports of 51 racial hate crimes, 15 religious hate crimes, 8 hate crimes involving sexual orientation and 4 hate crimes involving gender identity in Utah. These crimes included 1 murder, 8 aggravated assaults, 23 simple assaults, 7 acts of intimidation, 3 burglaries, 21 thefts, and 11 acts of destruction, damage or vandalism.

Support and opposition for state hate crime laws

 Support for and opposition against hate crime laws do not necessarily follow consistent ideological or partisan lines; in fact, they are inconsistent across the country. Some advocates for minority groups who tend to lean liberal – such as some advocates in Utah for racial minorities and LGBTQ individuals – support hate crime laws. However, according to national LGBTQ advocate Lambda Legal, “Many advocates who work on violence against LGBTQ and HIV affected communities take the position that hate crimes laws have more of a negative than a positive impact, particularly on communities of color. They call instead for resources that offer community solutions to violence. These solutions do not include policing, or require engagement with the criminal legal system. “Hate crime prevention” plans that focus exclusively on increasing resources to law enforcement without any attempt to acknowledge, let alone address, violence and biases against marginalized communities within the criminal legal system merely perpetuate systemic inequities while doing little to prevent harm or support victims.” Similarly, some religious advocates who tend to lean conservative oppose hate crime laws, while others, such as The Church of Jesus Christ of Latter-day Saints, do not oppose hate crime laws.