WHAT IS THE HATE CRIMES PENALTY ENHANCEMENT STATUTE IN WISCONSIN?
In Wisconsin, hate crimes receive harsher punishment than crimes without bias. Wisconsin’s Hate Crime Penalty Enhancer, Ch. 939.645(1)(b), defines a hate crime as one where the perpetrator intentionally selects the victim or the victim’s property in whole or in part because of the perpetrator’s belief or perception of the victim’s race, religion, color, disability, sexual orientation, national origin or ancestry. The perpetrator’s bias-motivated crime can be prosecuted as a hate crime whether or not the perpetrator’s belief or perception was correct. In other words, prosecutors do not have to prove that the victim was, for example, gay, lesbian or bisexual – just that the perpetrator chose the victim thinking s/he was gay, lesbian or bisexual. As of 2003, Wisconsin’s hate crime law is generally interpreted not to include transgender people, an omission that would need to be corrected by legislative action. To be prosecuted for a hate crime in Wisconsin, the perpetrator must have commit
