Hate Crimes in Missouri: Charges, Penalties, and Defenses

Hate crimes in Missouri are handled as a penalty enhancement rather than a standalone offense. Under Section 557.035 of the Revised Statutes, certain underlying crimes are reclassified as Class D or Class E felonies when prosecutors prove the defendant was knowingly motivated by the victim’s race, color, religion, national origin, sex, sexual orientation, or disability. That reclassification can push a sentence up to four years for a Class E felony or up to seven years for a Class D felony, and it can turn what would otherwise be a misdemeanor into a permanent felony record.¹

What Missouri Law Treats as a Hate Crime

Section 557.035 does not create a separate crime called a hate crime. It layers on top of specific offenses already defined elsewhere in the code. For the enhancement to apply, prosecutors have to prove two things beyond a reasonable doubt: that the defendant committed one of the listed underlying offenses, and that the defendant acted “knowingly motivated” by the victim’s protected characteristic.¹

The bias element is where cases are won and lost. Holding prejudiced views is not enough. The state has to show prejudice was the reason for the crime. Common evidence includes slurs or threatening statements made during the offense, hate symbols left at the scene, communications by the defendant before or after the incident, and proof that the victim was chosen specifically because of a protected characteristic. A case built on a slur shouted during an assault is far stronger than one relying on inference alone.

One boundary to know: Missouri’s statute does not list gender identity. A transgender victim targeted because of gender identity has no remedy under Section 557.035, though federal law may still apply.

Which Crimes Can Be Charged as Hate Crimes

Only certain underlying offenses qualify. Section 557.035 splits them into two tiers.¹

The first tier becomes a Class D felony when bias-motivated. It covers third-degree assault, harassment, first-degree property damage over $750, and several unlawful-use-of-weapons offenses, including firing a gun into an occupied building or exhibiting a lethal weapon in a threatening manner. Some of those weapons offenses are ordinarily Class B misdemeanors, so the jump is severe.²

The second tier becomes a Class E felony. It includes fourth-degree assault, second-degree property damage, first-degree tampering, and second-degree trespass. Fourth-degree assault is the most common example. Normally a Class A misdemeanor with a one-year maximum, it becomes a Class E felony carrying up to four years in prison when charged as a hate crime.³

Penalties for a Hate Crime Conviction

Because the statute reclassifies the offense rather than adding time to an existing sentence, punishment follows Missouri’s standard felony sentencing ranges.⁴

Class D Felony Tier

Offenses in subsection 1 carry a maximum of seven years in prison. Third-degree assault, normally a Class E felony with a four-year cap, becomes a Class D felony with a seven-year ceiling. For weapons offenses that ordinarily carry only a six-month misdemeanor maximum, the exposure grows by more than a decade.

Class E Felony Tier

Offenses in subsection 2 carry a maximum of four years. The most consequential shift here is fourth-degree assault, which moves from a one-year misdemeanor to a four-year felony. It is not only the extra time that matters. A felony record brings collateral consequences for employment, housing, voting rights, and firearm ownership that last well beyond the sentence itself.

Mandatory Consideration at Sentencing

The statute directs that a court “shall assess punishment” when the state pleads and proves bias motivation.¹ That language requires the judge to factor the hate crime finding into the sentence rather than treat it as optional.

When Federal Hate Crime Charges Also Apply

The same conduct can be prosecuted federally under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, 18 U.S.C. § 249. The federal statute reaches acts causing or attempting bodily injury because of actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. Federal penalties reach up to 10 years, or life imprisonment if the offense results in death or involves kidnapping or sexual abuse.⁵

Two federal points matter in Missouri. The federal statute covers gender identity, which the state statute does not. And federal prosecutors can bring charges even after a state prosecution for the same conduct. Under the dual sovereignty doctrine, state and federal governments count as separate sovereigns, so successive prosecutions do not violate the Double Jeopardy Clause.⁶ Federal authorities often step in when state charges end in acquittal or a light sentence given the severity of the offense.

Firearms Consequences of a Hate Crime Conviction

Because the enhancement produces a felony, a Missouri hate crime conviction triggers the federal firearms ban. Under 18 U.S.C. § 922(g)(1), anyone convicted of a crime punishable by more than one year in prison cannot possess firearms or ammunition.⁷ Both Class D and Class E felonies clear that threshold. A fourth-degree assault that would normally be a misdemeanor with no firearms consequence becomes a permanent bar to gun ownership when it is charged and proven as a hate crime.

Federal law does not currently impose the firearms prohibition based on a misdemeanor hate crime alone. If a defendant beats the enhancement and is convicted only of the underlying misdemeanor, the gun ban generally will not apply unless the offense falls into another prohibited category, such as a misdemeanor crime of domestic violence.

Reporting and Proving a Hate Crime

Reporting begins with local law enforcement. A useful report captures what happened, what was said, any symbols or materials left at the scene, and anything that identifies the person responsible. Responding officers are trained to preserve physical evidence such as spray paint, threatening letters, and hate group symbols, and to record the exact words used during the incident.

Missouri law entitles victims to information about their rights and support resources, including victim compensation and crisis intervention. Victims of dangerous felonies receive these notifications automatically; other victims receive them on written request.⁸

When a case reaches prosecutors, they weigh whether the evidence supports the bias element. They look at direct statements, the relationship between offender and victim, whether the victim was selected because of a protected characteristic rather than a personal dispute, and any history of discriminatory conduct. Cases with recorded statements, written messages, or social media posts expressing bias are far easier to charge than those resting on inference. At trial, prosecutors present the underlying crime and the bias motivation together, and expert witnesses sometimes testify about the meaning of symbols or the ideology of specific hate groups.

Defenses in a Hate Crime Case

Defense work in these cases almost always targets the bias element rather than the underlying offense. If the state cannot prove prejudice motivated the crime, the defendant may still face the base charge but avoids the felony reclassification.

The most common approach challenges the evidence of intent. Defense attorneys point to alternative explanations: a personal grudge, a property dispute, intoxication, or mental health issues affecting behavior. If a witness reports a slur, the defense may question whether the witness heard correctly, whether the statement was tied to the incident or merely nearby, and whether it reflected motivation or an impulsive outburst. Inconsistencies between accounts can undermine the state’s narrative.

First Amendment issues arise where the alleged crime centers on speech or symbols. Holding and expressing hateful views is constitutionally protected. The government can punish a bias-motivated assault but cannot punish opinion alone. Courts have to determine whether the defendant crossed from protected expression into a true threat or a criminal act.

Help Available to Victims

Missouri’s Crime Victims’ Compensation Fund, governed by Chapter 595 of the Revised Statutes, provides financial help to victims of violent crime for medical care, counseling, funeral costs, and lost wages. Total compensation is capped at $25,000, with funeral expenses capped at $5,000 and lost wages reimbursed at up to $400 per week. Applications must be filed within two years of the crime. Eligible claimants include the victim, dependent family members, and, in sexual assault cases, a relative who needs counseling to support the victim’s recovery.⁹

Section 595.209 also gives victims statutory rights during the case, including information about status, notification of proceedings, and access to copies of investigation reports.⁸

Non-citizen victims may qualify for a U visa, which provides temporary legal status to victims of qualifying criminal activity who cooperate with law enforcement. Eligibility requires substantial physical or mental abuse, useful information about the crime, and cooperation with investigators or prosecutors. The application requires a certification signed by an authorized law enforcement official.¹⁰

Civil Lawsuits After a Hate Crime

Victims can sue for damages regardless of what happens in the criminal case. A conviction is not required, and the civil standard, preponderance of the evidence, is lower than the criminal standard. Victims whose attackers were acquitted or never charged can still recover.

Where the attacker is a private individual, victims usually pursue state tort claims for assault, battery, intentional infliction of emotional distress, or similar causes of action. Compensatory damages cover medical bills, lost income, and emotional harm, and punitive damages are available in cases involving particularly egregious conduct. Federal civil rights statutes, particularly 42 U.S.C. § 1983, allow claims against individuals who violate constitutional rights under color of law. Missouri’s Human Rights Act adds a separate remedy where the incident intersects with employment, housing, or public accommodations, and it allows actual damages, punitive damages, and attorney’s fees.

1
Missouri Revisor of Statutes. Missouri Code 557.035 – Hate Offenses
2
Missouri Revisor of Statutes. Missouri Code 571.030 – Unlawful Use of Weapons
3
Missouri Revisor of Statutes. Missouri Code 565.056 – Assault in the Fourth Degree
4
Missouri Revisor of Statutes. Missouri Code 558.011 – Sentence of Imprisonment, Terms, Conditional Release
5
Office of the Law Revision Counsel. 18 USC 249 – Hate Crime Acts
6
Constitution Annotated. Dual Sovereignty Doctrine
7
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
8
Missouri Revisor of Statutes. Missouri Code 595.209 – Rights of Victims and Witnesses
9
Missouri Department of Public Safety. Crime Victims Compensation Program Guidelines
10
U.S. Citizenship and Immigration Services. Victims of Criminal Activity: U Nonimmigrant Status