Hate crimes are prosecuted under state and federal laws. The federal government has enacted legislation that specifically defines a hate crime. Many states also have statutes and procedures for prosecuting hate crimes. There are four federal statutes specifically for hate crimes, as well as a general conspiracy statute that is used in hate crimes prosecutions.

Some important federal legislation that addresses hate crimes offenses include: 

• The Emmett Till Antilynching Act (2022)
• The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009
• Violent Crime Control and Law Enforcement Act of 1994 
• Hate Crime Statistics Act
• Damage to Religious Property, Churches Arson Prevention Act
• Violent Interference with Federally Protected Rights 
• Conspiracy Against Rights 

The Department of Justice also has a comprehensive list of federal laws relating to hate crimes

Combating the Rise in Hate Crimes: Hearing Before the S. Judiciary Comm., 117th Cong. (Mar. 8, 2022)

75 Years after the Holocaust: The Ongoing Battle against Hate: Hearing Before the H. Comm. on Oversight and Reform, 116th Cong. (Jan. 29, 2020).

Resisting Anti-Semitism and Xenophobia in Europe: Hearing before the Subcomm. on Europe, Eurasia, Energy, and the Environ. of the Comm. on Foreign Affairs, 116th Cong. (Jan. 29, 2020). 

Confronting the Rise in Anti-Semitic Domestic Terrorism: Hearing Before H. Comm. on Homeland Security I & II, 116th Cong. (2020). (This was a two part hearing).

Hate Crimes and the Rise of White Nationalism: Hearing Before the H. Comm. on the Judiciary, 116th Cong. (Apr. 9, 2019).

Confronting White Supremacy (Part I): The Consequences of Inaction: Hearing Before the H. Comm. on Oversight and Reform, 116th Cong. (May 15, 2019).

Confronting White Supremacy (Part II): Adequacy of the Federal Response: Hearing Before the H. Comm. on Oversight and Reform, 116th Cong. (June 4, 2019).

Anti-Semitism across Borders: Hearing before the Subcomm. on Africa, Global Health, Global Human Rights, and International Organizations of the H. Comm. on Foreign Affairs, 115th Cong. (2017).

Examining Anti-Semitism on College Campuses: Hearing Before the H. Comm. on the Judiciary, 115th Cong. (2017).

After Paris and Copenhagen: Responding to the Rising Tide of Anti-Semitism: Hearing before the Subcomm. on Africa, Global Health, Global Human Rights and International Relations of the H. Comm. on Foreign Affairs, 114th Cong. (Mar. 24, 2015). 

Sarah L. Harrington, Validity, Construction, and Application of Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act, Pub. L. No. 111-84, Div. E., 123 Stat 2835, 77 A.L.R. Fed. 2d 103

ALR annotation discusing cases construing the Hate Crimes Prevention Act. Available from: 

• Lexis
• Westlaw

48 states have specific hate crimes laws and legislation. Some states refer to these laws as bias crime laws, ethnic intimidation or gender identity or expression intimidation. 

George L. Blum, Validity construction, and effect of “hate crimes” statutes, “ethnic intimidation” statutes, or the like, 22 A.L.R.5th 261