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Public Act 259 of 2024, effective April 2, 2025, amended MCL 750.147b of the Michigan Penal Code to substantially revise the existing crime of ethnic intimidation and replace it with a much broader “hate crime” offense with increased penalties.
An individual is guilty of a hate crime if that individual, maliciously and intentionally does any of the following to an individual based in whole or in part on an “actual or perceived characteristic” of that individual, regardless of the existence of any other motivating factors:
• Uses force or violence against another individual. MCL 750.147b(1)(a).
• Causes bodily injury to another individual. MCL 750.147b(1)(b).
• “Stalks” another individual. MCL 750.147b(1)(c).
• Damages, destroys, or defaces any real or personal property of another individual without the consent of the individual. MCL 750.147b(1)(d).
• Makes a “true threat” to engage in prohibited conduct described above. MCL 750.147b(1)(e).
“Actual or perceived characteristics” – include all the following of another individual:
• Race or color. MCL 750.147b(2)(a).
• Religion. MCL 750.147b(2)(b).
• Sex. MCL 750.147b(2)(c).
• Sexual orientation. MCL 750.147b(2)(d).
• Gender identity or expression. MCL 750.147b(2)(e).
• Physical or mental disability. MCL 750.147b(2)(f).
• Age. MCL 750.147b(2)(g).
• Ethnicity. MCL 750.147b(2)(h).
• National origin. MCL 750.147b(2)(i).
• Association or affiliation with an individual or group of individuals in whole or in part based on a characteristic described above. MCL 750.147b(2)(j).
“Reckless disregard” To consciously disregard a substantial and unjustifiable risk that a statement will be viewed as threatening violence. MCL 750.147b(11)(a).
"Stalk" Stalking as that term is defined in MCL 750.411h. MCL 750.147b(11)(b).
"True threat" A statement in which the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals, including unlawful property damage to the property of a particular individual or group of individuals. A true threat includes such a communication made with “reckless disregard”. A speaker is not liable for communicating a true threat if the speaker was unaware that the individual or the group of individuals could regard the statement as threatening violence. MCL 750.147b(11)(c).
The revised hate crime provisions of MCL 750.147b do not enjoin any individual’s exercise of the constitutional right to free speech.
Felony - An individual who commits any hate crime is guilty of a felony which, depending on the circumstances and whether the individual had a prior hate crime conviction as detailed in MCL 750.147b(3), is punishable by not more than 2-years, 5-years, or 10-years imprisonment.
Consecutive sentencing – The court may order a sentence imposed for a hate crime be served consecutively to a sentence imposed for any other crime, including any other violation of law arising out of the same transaction as the hate crime. MCL 750.147b(8).
Other crimes – A criminal penalty provided for a hate crime may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct. MCL 750.147b(9).
Alternative and reduced sentences – The circumstances where a court can consider alternative or reduced sentences are detailed in MCL 750.147b(6) and MCL 750.147b(7).
Regardless of the existence or outcome of any criminal prosecution, an individual who suffers injury or property damage because of a hate crime may bring a civil cause of action to secure an injunction, actual damages, including damages for emotional distress, or other appropriate relief. A plaintiff who prevails in a civil action may recover three times the actual damages or $25,000.00, whichever is greater, and reasonable attorney fees and costs. MCL 750.147b(4).
This update is published by the Michigan State Police, Legal Resources and Education Section, and is provided for informational purposes only. Officers should contact their local prosecutor for an interpretation before applying the information contained in this update. Questions and comments may be directed to MSPLegal@michigan.gov. Past editions can be found at www.michigan.gov/msp-legal.
