Penal Code § 422.7 PC – “Hate Crime” Penalties for Misdemeanor Offenses in California

Penal Code 422.7 PC is one of California’s hate crime statutes that imposes an additional penalty whenever:

1. you are convicted of a California misdemeanor, and
2. that misdemeanor is also proven to be a hate crime.

A “hate crime” as defined in Penal Code 422.55 means a criminal act committed because of one of the following characteristics of the victim:

• disability,
• gender,
• nationality,
• race or ethnicity,
• religion,
• sexual orientation,
• association with a person or group with one or more of these actual or perceived characteristics.

Examples

• Max commits misdemeanor assault (under PC 240) on a bar patron because of his religious affiliation.
• Kelly, an anti-immigrant activist, effects a misdemeanor battery (under PC 242) by pushing a pro-immigrant supporter at a peace rally.
• Monique perpetrates misdemeanor trespass (under PC 602) while throwing rocks at her neighbor’s window because of his sexual orientation.

Penalties

If you commit a misdemeanor also proven to be a hate crime, the misdemeanor becomes a wobbler offense. This means the crime can be charged as either a misdemeanor or a felony, at the prosecutor’s discretion.

Misdemeanor as a hate crime	California penalties per PC 422.7
As a misdemeanor	Up to 1 year in jail
As a felony	16 months, 2 years, or 3 years in jail and/or up to $10,000

Our California criminal defense attorneys will highlight the following in this article:

• 1. When is there an enhanced penalty for a California hate crime?
• 2. What are the additional penalties under PC 422.7?
• 3. What happens with a stand-alone hate crime under Penal Code 422.6?
• 4. What is Penal Code 422.75 and what are the enhanced penalties?
• Additional Resources

1. When is there an enhanced penalty for a California hate crime?

Penal Code 422.7 PC is one of California’s hate crime statutes that imposes an additional penalty on an accused whenever:

• they are convicted of a California misdemeanor, and
• that misdemeanor is also a hate crime.¹

In particular, a prosecutor must prove the following “elements” of the jury instructions in order to legally impose the penalties under PC 422.7:

1. the defendant committed and was convicted of a California misdemeanor,
2. the offense committed meets the legal definition of a hate crime set forth in PC 422.55,
3. the accused committed the hate crime in order to interfere with the alleged victim’s exercise of his/her legal rights,² and
4. one of the following is true:

• the misdemeanor either caused an actual physical injury or occurred when the defendant had the present ability to commit a violent injury against the victim,
• the misdemeanor caused property damage costing more than nine hundred $950, or
• the accused had been previously convicted of a hate crime under Penal Code 422.6 PC (stand-alone hate crime).³

2. What are the additional penalties under PC 422.7?

If a prosecutor successfully proves the above, then he can charge the misdemeanor/hate crime as a wobbler.

A wobbler offense is one that can be charged as either a misdemeanor or a felony, depending on:

• the facts of the case, and
• the defendant’s criminal history.

If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for up to one year.⁴ Note that in lieu of jail time a judge may award a defendant with misdemeanor or summary probation.

If charged as a felony, the offense is punishable by:

• imprisonment in the California state prison for 16 months, two years, or three years, and/or
• a fine of up to $10,000.⁵

Note that in lieu of felony prison time a judge may award a defendant with felony or formal probation.

3. What happens with a stand-alone hate crime under Penal Code 422.6?

Penal Code 422.6 PC is one of California’s hate crime statutes that makes it a crime for a person to interfere with another’s civil rights simply because of that person’s:

• disability,
• gender,
• nationality,
• race or ethnicity,
• religion,
• sexual orientation, and/or
• association with a person or group with one or more of these actual or perceived characteristics.

A person charged with only PC 422.6 is said to be accused of a “stand-alone hate crime.” This is because while a prosecutor may be able to prove that the accused committed a hate crime, he cannot show that the defendant violated another criminal law.

This is in contrast to the situation under PC 422.7, in which a prosecutor can show that the accused committed a hate crime that was also a misdemeanor.

If a defendant is convicted under PC 422.6 for a stand-alone hate crime, he may be charged with a misdemeanor. The crime is punishable by:

• misdemeanor (summary) probation,
• up to one year in county jail,
• a fine of up to $5,000, and/or
• 400 hours of community service.⁶

4. What is Penal Code 422.75 and what are the enhanced penalties?

Penal Code 422.75 is the California statute that provides for an enhanced sentence for any hate crime that is also a felony under California law.⁷

If a jury decides that a defendant committed a felony, and that felony also qualifies as a hate crime, then the defendant may receive an additional prison sentence of:

• one year,
• two years, or
• three years.⁸

Additional Resources

If you are a hate crime victim, refer to the following:

• Victim Connect Resource Center – provides information, referrals, and support for victims of crime in the United States.
• The Matthew Shepard Foundation – seeks to foster a more caring and just world, focusing on LGBTQ+ equality, hate crime prevention, and supporting victims and their families.
• The Human Rights Campaign – the largest LGBTQ+ advocacy group and political lobbying organization in the United States, promoting equality and challenging discrimination.
• Safe Horizon – a victim assistance nonprofit that provides support, prevents violence, and promotes justice for victims of crime and abuse, their families and communities.
• The Department of Justice Hate Crimes Enforcement and Prevention Website – offers resources and information on the DOJ’s efforts to investigate and prosecute hate crimes.

---

Legal References: