What is the difference between stand-alone and penalty enhancement statutes?
Stand- alone statutes, such as California Penal Code 422.6, create a separate chargeable offense rather than enhancing the sentence meted out for an existing underlying offense. Typical for statutes of its type, California’s stand-alone statute punishes the interference with an individual’s civil rights through intimidation by force or threat because of status group membership such as race, religion, sexual orientation and ehtnicity among others. Stand-alone statutes do not require the charging of a separate underlying offense. Many states have adopted penalty enhancement statutes that increase the penalties after guilt is established for an underlying offense, such as assault or property damage. The enhancement becomes effective when the prosecution subsequently proves that the crime for which a defendant has already been convicted was either motivated by bias or involved discriminatory selection of a victim. For example, Wisconsin’s penalty enhancement statute increases sentences imp
