A person commits a Hate Crime offense if the person maliciously and intentionally commits one of the following acts because of the person's perception of another person's race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or disability:

• assaults another person;
• causes physical damage to or destruction of the property of another person; or
• threatens a specific person or group of persons and places that person, or members of the specific group of persons, in fear of harm to person or property that a reasonable person with similar characteristics to the victim would have under the same circumstances.

A Hate Crime offense is a class C felony and is punishable by a maximum sentence of five years of imprisonment, a $10,000 fine, or both. In addition to such criminal penalties, the victim of a Hate Crime offense may bring a civil cause of action against the perpetrator for actual damages, punitive damages of up to $100,000, and reasonable attorneys' fees and costs incurred in bringing the action.

The conduct that constitutes a Hate Crime offense is modified to include when a person maliciously and intentionally commits one of the statutorily specified acts in whole or in substantial part because of the person's perception of another person's race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or disability.

"In whole or in substantial part" means that the perpetrator's bias must be a cause in fact of the offense regardless of whether other causes also exist. If there are multiple concurrent motives, the bias must be a substantial factor in bringing about the offense.