A hate crime is usually defined by state law as one that involves threats, harassment, or physical harm and is motivated by prejudice against someone's race, color, religion, national origin, ethnicity, sexual orientation or physical or mental disability. Laws vary by state and if hate crimes are provided for by statute, the defintions of hate crimes and penalties imposed vary. States that have hate crime statutes provide harsher penalites for such offenses.
The underlying criminal offenses that are designated in hate crime laws include, but are not limited to, crimes against persons like harassment, terroristic threats, assault and crimes against property like criminal trespass, criminal mischief and arson. It may also include vandalism causing damage to a church, synagogue, cemetery, mortuary, memorial to the dead, school, educational facility, community center, municipal building, courthouse, juvenile detention center, grounds surrounding such places or personal property located within such places.
The current federal law regarding hate crimes deals with crimes where the offender is motivated by bias against a race, religion, disability, sexual orientation, gender, sexual orientation, gender identity, or ethnicity/national origin.