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SB 5038

Clarifying a hate crime offense.

2025-2026 Regular Session Introduced by Jess Bateman and 12 co-sponsors

The bill defines and strengthens hate crime offenses by tying crimes to acts motivated by protected traits, with clear evidentiary rules and penalties (class C felony).

First reading, referred to Law & Justice.
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Bill Summary · SB 5038

Summary of SB 5038 — Clarifying a Hate Crime Offense

Overview

SB 5038 seeks to clarify and codify the hate crime offense under Washington law, by explicitly defining the prohibited acts, the motivation standard, evidentiary rules, and penalties. The bill amends RCW 9A.36.080 and related provisions to better reflect what constitutes a hate crime and how such cases may be prosecuted.

  • Bill number: SB 5038
  • Title: Clarifying a hate crime offense
  • Introduced: December 13, 2024
  • Status: First reading; referred to Law & Justice (1st Reading on 01/13/2025)
  • Legislative actions: Prefiled 12/13/2024; First reading 01/13/2025

Purpose and intent

  • To specify that a hate crime offense occurs when a person maliciously and intentionally commits certain acts because of the victim’s perceived protected characteristic (race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or a disability).
  • To provide definitional clarity, evidentiary rules, and targeted evidentiary inferences while preserving existing prosecutorial discretion.

Key provisions and changes

(1) Core offense

  • A hate crime offense can be committed by:
    • Assaulting another person
    • Causing physical damage to or destruction of another’s property
    • Threatening a specific person or group in a way that places them in reasonable fear of harm to person or property
  • The “reasonable fear” standard applies to a reasonable person who shares the victim’s protected characteristics or who has the same protected traits (e.g., same race, religion, gender identity, etc.).
  • Words alone do not constitute a hate crime unless the context indicates the words are a threat. Threats are not hate crimes if it is apparent the offender cannot carry out the threat.

(2) Evidentiary inferences

  • In prosecutions, the trier of fact may infer intent to threaten a victim or group if certain acts are committed (even if not otherwise proven as such):
    • Burning a cross on property of a victim perceived to be African American
    • Defacing property with Nazi symbols
    • Defacing or harming religious property or garb
    • Placing a vandalized religious item on property
    • Placing a noose on property of a victim perceived to be from a racial/ethnic minority
  • This subsection creates a permissible inference for evidentiary purposes but does not restrict prosecutorial reach when facts fall outside these acts.

(3) Defense and (4) Evidence

  • It is not a defense that the accused mistaken the victim’s protected status.
  • Expressions or associations are generally not admissible as substantive evidence unless specifically related to the charged crime.

(5) Additional crimes

  • A hate crime offense may be charged alongside other crimes committed in the same incident (separate penalties).

(6) Definitions

  • Gender expression or identity; sexual orientation
  • Threat: means the intent to cause bodily injury or property damage to the threatened person or their property

(7) Penalties

  • Commission of a hate crime offense is a class C felony.

(8) Remedies

  • Penalties under this section do not preclude other legal remedies available to victims.

(9) Civil rights

  • The bill does not confer or expand civil rights beyond existing constitutional or state civil laws.

Affected parties

  • Offenders: potential enhancement to charges and class C felony penalties
  • Victims and communities protected by the specified characteristics
  • Prosecutors and law enforcement: guidance on charging elements and evidentiary inferences
  • Civil remedies remain available outside criminal penalties

Timeline and status

  • Prefiled: December 13, 2024
  • First reading: January 13, 2025
  • Referred to: Law & Justice

This bill aims to tighten the framework around hate crimes, provide clearer evidentiary rules, and align penalties with the seriousness of offenses motivated by protected characteristics.

Compiled from official sources — confirm details with the bill’s official record.

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