Hate Crime? Sentence Enhancement under AL. Statute? Applicable to CR?
Considering CR’s claim she was kidnapped by a white man, could this possibly be enhanced to a hate crime? Is it not similar to the Jussie Smollett case?..
snipped for focus
@neesaki
Good Q. (I’ll pass on making comparisons to Jussie Smollett case.)
Briefly, doubtful imo
Not so briefly, doubtful based on my interp of AL law below.* Welcoming clarification or correction.
THE LAW. Basically, if def't is found guilty of a crime, AL law provides sentence enhancement/add-on, IF prosecution shows BaRD (beyond a reasonable doubt) that def't's motivation in committing crime was victims' actual or perceived race (etc).
For a Class A misdemeanor, perp receives prescribed sentence for that Class A, PLUS minimum three month add-on, IF motivation is race-based.
THIS CASE. CR is charged w 2 Class A's, w max sentence, one year each.
IF she's convicted, & IF her motivation is shown BaRD to have been race-based, conceivably her combined sentence could be 2 yrs, 6 mos.
BUT
See sub sec. (b) stating the sentence add-on applies only when
"perpetrator committing the underlying offense was motivated by the victim's actual or perceived race."
Were the underlying offenses --- False Report to LE & False Report of Incident --- motivated to harm or injure anyone/someone based on race?
AFAIK, the underlying offenses were motivated by CR's desire to "cover up" her planned weekend disappearance (or depending on our POV, perhaps to gain attention of BF, parents, or increase number of her soc media views & subscribers).
JMO, ICBW. Welcoming other opinions and/or correction.
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Ala. Code § 13A-5-13 - Crimes Motivated by Victim's Race, Color, Religion, National Origin, Ethnicity, or Physical or Mental Disability. from 2022 Code of Alabama
law.justia.com
2022 Code of Alabama. Title 13A - Criminal Code. Chapter 5 - Punishments and Sentences. Article 1 - General Provisions.
Section 13A-5-13 - Crimes Motivated by Victim's Race, Color, Religion, National Origin, Ethnicity, or Physical or Mental Disability
"(b) The purpose of this section is to impose additional penalties where it is shown that a perpetrator committing the underlying offense was motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability."
"...(c) A person who has been found guilty of a crime, the commission of which was shown beyond a reasonable doubt to have been motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, shall be punished as follows:..."
"(2) Misdemeanors:
"On conviction of a misdemeanor which was found beyond a reasonable doubt to have been motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, the defendant shall be sentenced for a Class A misdemeanor, except that the defendant shall be sentenced to a minimum of three months."
