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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[–] VelvetStorm@lemmy.world 144 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.

[–] gavran@lemmy.world 126 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.

[–] quindraco@lemm.ee 33 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".

[–] TWeaK@lemm.ee 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.

[–] Dimpships@feddit.uk 6 points 1 year ago

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

[–] VelvetStorm@lemmy.world 19 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.

[–] Schadrach@lemmy.sdf.org 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.

[–] VelvetStorm@lemmy.world 2 points 1 year ago (1 children)

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

[–] Schadrach@lemmy.sdf.org 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.

[–] PhlubbaDubba@lemm.ee 52 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

[–] lazynooblet@lazysoci.al -1 points 1 year ago (1 children)

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

[–] PhlubbaDubba@lemm.ee 39 points 1 year ago (1 children)

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

[–] lazynooblet@lazysoci.al 5 points 1 year ago

Thanks, makes sense now