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.

    • gavran@lemmy.world
      link
      fedilink
      English
      arrow-up
      131
      ·
      edit-2
      1 year ago

      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
        link
        fedilink
        arrow-up
        36
        arrow-down
        1
        ·
        1 year ago

        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
          link
          fedilink
          English
          arrow-up
          6
          ·
          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
          link
          fedilink
          arrow-up
          6
          ·
          1 year ago

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

        • CephaloPOTUS@lemmy.world
          link
          fedilink
          arrow-up
          5
          arrow-down
          19
          ·
          1 year ago

          So in a conversation about someone commiting a hate crime based on someones genetalia you decide to use a term specifically used to debase people by calling them female genetalia and it seems people even upvote you for it. Great. And you even think you are being supportive.

            • braxy29@lemmy.world
              link
              fedilink
              arrow-up
              3
              arrow-down
              7
              ·
              1 year ago

              look, it's a word most american women don't hear directed at themselves outside of really hateful or abusive contexts. i have been called "bitch" in the grocery store. i was called "cunt" by my abuser, and only by him.

              the person who challenged you has a good point - the use of that word in american culture is intended to be particularly dehumanizing and degrading to women.

              compare - if you had used "n…" you would have likely been challenged there as well, regardless of your intent in using that word or your own identity.

    • Ð Greıt Þu̇mpkin@lemm.ee
      link
      fedilink
      arrow-up
      61
      arrow-down
      1
      ·
      1 year ago

      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