Speak Up! - View Question #584
printer friendly version
Question: Is it illegal to gay bash?
Answer: It depends on what you mean by 'gay bash.' If you physically injure someone, place them in reasonable fear that you are going to injure them, or touch them with the intent to injure or insult them, that is 'Assault.' Assault is a class 1, 2, or 3 misdemeanor, depending upon the severity of your actions.
If you commit assault under certain circumstances, for example, if you use a deadly weapon or dangerous instrument, if the assault occurs in the victim's home, if you are over 18 and your victim is under 15, if your victim is bound or otherwise restrained, etc., it is 'Aggravated Assault,' which is a felony ranging from class 2 to 6. If you threaten to physically injure someone or their property, that is 'Threatening and Intimidating,' which is a class 1 misdemeanor. If you commit any of these crimes on federal
property, your sentence can be greatly enhanced because crimes against homosexuals are considered 'Hate Crimes.'
If you tease or insult, but do not threaten or injure, it may not be against the law, but it is unkind.