this post was submitted on 10 Oct 2023
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A Staten Island woman buying pot from a local deli got into a misunderstanding with the cashier — who ended up macing her, dragging​ her outside by her hair, kicking her in the head and mistakenly calling her trans.

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[–] [email protected] 153 points 1 year ago (2 children)

Is it still a hate crime if they were wrong about the person's identity? Imo it should be.

[–] [email protected] 132 points 1 year ago* (last edited 1 year ago) (2 children)

If you committed a crime because of the perception of an individual falling under a protected class, it should qualify as a hate crime. I believe this is considered a bias incident and it is treated as a hate crime in NYC.

[–] [email protected] 37 points 1 year ago (2 children)

Of course it qualifies as a hate crime. Hate crime legislation is entirely about what you think inside your head as you commit some other crime - hence the word "hate".

[–] [email protected] 6 points 1 year ago

Hate with your head, not with your hands,
otherwise you'll be picking from commissary plans.

[–] [email protected] 6 points 1 year ago

It's not entirely about what you think, it can also be about what any reasonable person might think. You could genuinely think you're just joking, but if it's so bad that no one else would reasonably think it was a joke you could still be found guilty.

[–] [email protected] 20 points 1 year ago (2 children)

That is good to hear. Hopefully this cunt will be in prison for a huge chunk of their life.

[–] [email protected] 3 points 1 year ago (1 children)

No, no. A cunt has depth and warmth and I don't think the attacker in this case has either.

[–] [email protected] 2 points 1 year ago (1 children)

This is the best comment I have seen on lemmy so far.

[–] [email protected] 1 points 1 year ago

One of my standard two comments on the use of that word.

The other one is about the ability to take a pounding.

[–] [email protected] 61 points 1 year ago (1 children)

IIRC NY is a transfer of intent state, that is to say if you intended to kill X person but fucked up and killed Y person instead, you're still guilty of 1st degree murder, because you still intended to do a murder

[–] [email protected] 3 points 1 year ago (2 children)

That's a cool tidbit to know. What did it have to do with this story? Where did the transfer take place?

[–] [email protected] 50 points 1 year ago (1 children)

Man intended to hate crime a trans woman but was wrong about the woman being trans

[–] [email protected] 10 points 1 year ago

Thanks, makes sense now