Hate-crime penalties looming

Although Utah's new hate-crime law doesn't take effect until Monday, those accused of hate crimes before that date may face stiffer penalties if convicted.

The new statute — approved by the 2006 Legislature — creates an aggravating factor for a crime based on the public harm, which includes the likelihood of inciting community unrest, or causing members of the community to reasonably fear for their public safety or to freely exercise any constitutional rights.

Utah Attorney General Mark Shurtleff said when the hate crimes statute takes effect on Monday, the aggravating factor of a hate crime will become a required sentencing consideration, meaning an offender could spend more time in jail or prison.

"For any crime committed after May 1, with these elements, then the judge shall, the judge must, consider those aggravating factors," Shurtleff said.

However, for crimes committed shortly before May 1, prosecutors can present to the judge evidence of a hate crime during the sentencing phase, and that could lead to harsher penalties, Shurtleff said.

A recent Utah County case was being looked at as a possible test case.

Police arrested a man accused of beating a man with a baseball bat while taunting him about his membership in The Church of Jesus Christ of Latter-day Saints.

An 18-year-old man was arrested in Pleasant Grove and booked Saturday into the Utah County Jail for investigation of aggravated assault. His bail was set at $5,000 cash only.

However, upon further review, officers have dropped the hate crime language and reduced the charge from aggravated assault to simple assault, said Pleasant Grove Sgt. Mike Roberts.

Two men allegedly ganged up on another individual in response to derogatory comments about one man's girlfriend, Roberts said. There was a religious comment made during a fight, but it was not the motivating factor, Roberts said.

And instead of a beating with a baseball bat, which was found at the scene, it was two punches, Roberts said.

With the change from a second-degree charge of aggravated assault to a class B misdemeanor of simple assault, it will be handled by the Pleasant Grove Justice Court said Deputy Utah County Attorney Dave Wayment.

The new hate crimes law revamped an existing 1992 statute that prosecutors have called unenforceable because it requires proving an intent to intimidate or terrorize, and bar someone from exercising a constitutional right, such as voting.