I. The Honolulu Police Department shall
protect the constitutional rights of all citizens
regardless of race, religion, disability, ethnicity,
national origin, gender identity or expression, or sexual orientation.

II. This policy provides general guidelines to
assist personnel in identifying and handling crimes
motivated by bias toward an individual’s actual or
perceived race, religion, disability, ethnicity,
national origin, gender identity or expression, or
sexual orientation. It also defines appropriate
steps for assisting victims and apprehending suspects.

DEFINITIONS

A. Disability: Any person or group of persons
who have a physical disability or who are mentally challenged.

B. Ethnicity: A group of persons who share common
or similar traits, languages, customs, cultures, and traditions.

C. Gender identity or expression: Includes a
person’s actual or perceived gender, as well as a
person’s gender identity, gender-related self-image,
gender-related appearance, or gender-related expression;
regardless of whether that gender identity, gender-related
self image, gender-related appearance, or gender-related
expression is different from that traditionally associated
with the person’s sex at birth.

D. Hate crime: Any criminal act in which the
perpetrator intentionally selected a victim, or in
the case of a property crime, the property that was
the object of a crime, because of hostility toward
the actual or perceived race, religion, disability,
ethnicity, national origin, gender identity or
expression, or sexual orientation of any person.

E. Hate incident: Any noncriminal expression
of hate or bias that does not rise to the level of
a hate crime as defined in state and federal statutes.

Derogatory words or epithets directed against a member
of a protected class, if not accompanied by a threat
of harm with the ability to carry it out, may not be a hate crime.

F. National origin: A group of persons who share
characteristics of, or peculiar to, the people of a nation.

G. Race: A group of persons who possess common
physical characteristics (color of skin, eyes, and/or
facial features, etc.) genetically transmitted by
descent and heredity that distinguish them as a
distinct division of humankind (Asians, blacks, whites, etc.).

H. Religion: A group of persons who share
the same religious beliefs regarding the origin
and purpose of the universe and the existence or
nonexistence of a supreme being (e.g., Catholics,
Jews, Protestants, Muslims, atheists, etc.).

I. Sexual orientation:

1. Having a preference for heterosexuality, homosexuality, or bisexuality;

2. Having a history of any one or more of these preferences; or

3. Being identified with any one or more of these preferences.

HATE CRIME CHARACTERISTICS

There are several characteristics that
should be considered when determining whether an
offense is a hate crime. These characteristics
are not stringent criteria. There is no requirement
that certain key characteristics or that a certain
number of characteristics be present in order for
an offense to be determined a hate crime.

Characteristics such as the following,
particularly when combined, are supportive of
a finding that an incident was motivated by bias:

A. The offender and the victim are
of a different race, religion, disability,
ethnicity, national origin, gender identity or
expression, and/or sexual orientation;

B. Bias-related oral comments, written
statements, or gestures were made by the offender;

C. Bias-related drawings, markings, symbols,
or graffiti were left at the crime scene;

D. Certain objects, items, or things that indicate bias were used;

E. The victim is a member of a racial, religious,
disability, ethnic, national origin, gender identity
or expression, or sexual-orientation group that is
overwhelmingly outnumbered by other residents in the
neighborhood where the victim lives and the incident took place;

F. The victim was visiting a neighborhood where
previous hate crimes were committed against other
members of his or her racial, religious, disability,
ethnic, national origin, gender identity or expression,
or sexual-orientation group and where tensions remained
high against his or her group;

G. Several incidents occurred in the same locality,
at or about the same time. Additionally, victims were
all of the same race, religion, disability, ethnicity,
national origin, gender identity or expression, or sexual orientation;

H. A substantial portion of the community where
the crime occurred perceived that the incident was motivated by bias;

I. The victim was engaged in activities promoting
his or her race, religion, disability, ethnicity,
national origin, gender identity or expression, or sexual orientation;

J. The incident coincided with a holiday
or a date of particular significance relating to a
race, religion, disability, ethnicity, national origin,
gender identity or expression, or sexual orientation;

K. The offender was previously involved
in a similar hate crime or is a hate-group member;

L. There were indications that a hate group was involved;

M. A historically established animosity existed
between the victim’s and the offender’s groups; and

N. The victim, although not a member of the
targeted race, religion, disability, ethnicity,
national origin, gender identity or expression,
or sexual orientation, was a member of an advocacy
group supporting the precepts of the victim group.

PROCEDURES

When conducting the initial investigation and a
determination has been made that the motive for
a crime was based on the victim’s actual or
perceived race, religion, disability, ethnicity,
national origin, gender identity or expression,
or sexual orientation, the handling officer shall:

A. Take all appropriate investigative and enforcement actions;

B. Protect the crime scene;

C. Notify the field sergeant; and

D. If an arrest is made, inform the receiving
desk sergeant that a suspect has been arrested
for a hate crime-related case.
REPORTING REQUIREMENTS

A. Police reports shall include a “hate crime”
heading in the body of the report categorizing the
incident as hate crime related.

B. All basic support units (e.g., the Criminal
Investigation Division or Misdemeanor Follow-Up Details)
investigating cases that are hate crime related shall
inform the Department of the Prosecuting Attorney of
such and include a “hate crime” subheading in the closing report.