(a)A person who commits, causes to be committed, or attempts to commit any crime and whose conduct is motivated, in whole or in part, by another person’s or a group of persons’ actual or perceived membership in a protected category shall be subject to the following penalties:
(1)If the maximum penalty for the underlying crime is one year or less, the penalty for a violation of this section shall be imprisonment for not more than two years or a fine of not more than $2,000.00, or both.
(2)If the maximum penalty for the underlying crime is more than one year but less than five years, the penalty for a violation of this section shall be imprisonment for not more than five years or a fine of not more than $10,000.00, or both.
(3)If the maximum penalty for the underlying crime is five years
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(a) A person who commits, causes to be committed, or attempts to commit any crime and whose conduct is motivated, in whole or in part, by another person’s or a group of persons’ actual or perceived membership in a protected category shall be subject to the following penalties:
(1) If the maximum penalty for the underlying crime is one year or less, the penalty for a violation of this section shall be imprisonment for not more than two years or a fine of not more than $2,000.00, or both.
(2) If the maximum penalty for the underlying crime is more than one year but less than five years, the penalty for a violation of this section shall be imprisonment for not more than five years or a fine of not more than $10,000.00, or both.
(3) If the maximum penalty for the underlying crime is five years or more, the penalty for the underlying crime shall apply; however, the court shall consider the motivation of the defendant as a factor in sentencing.
(b) A person’s or a group of persons’ actual or perceived membership in a protected category or categories need not be the predominant reason or the sole reason for the defendant’s conduct.
(c) As used in this section, “protected category” includes race, color, religion, national origin, sex, ancestry, age, service in the U.S. Armed Forces or the National Guard, disability as defined by 21 V.S.A. § 495d(5), sexual orientation, gender identity, and perceived membership in any such group. (Added 1989, No. 172 (Adj. Sess.), § 2, eff. May 12, 1990; amended 1999, No. 56, § 4; 2013, No. 96 (Adj. Sess.), § 53; 2021, No. 34, § 1, eff. May 18, 2021; 2025, No. 8, § 1, eff. July 1, 2025.)