As KY police investigate KKK flyers, could suspects face a hate crime? How the law works
Police in Mt. Sterling are investigating after many Ku Klux Klan flyers were found in vehicles in areas of Montgomery County Sunday, but the incident is unlikely to be considered a “hate crime” under state law.
The flyers were found in multiple neighborhoods, and police said other Kentucky cities had reported finding similar material.
Aaron Noel, a sergeant for the police department, said a suspect has been identified and charges of criminal littering are pending in district court. Noel also said it’s believed that other people were involved in spreading the flyers because other communities in Paris and Winchester reported seeing similar material.
A hate crime report is not expected to be filed in this investigation, according to Noel.
“There was no implied threats in the flyers, just views and beliefs, which again is protected by the First Amendment,” Noel said. “That doesn’t really fall under anything the Kentucky statute has right now.”
Kentucky’s hate crime law only allows for specific offenses to be upgraded in court. Here’s what to know about how the law works.
Details of Kentucky’s hate crime law
Kentucky’s hate crime law says a judge could determine a suspect committed a hate crime if they were motivated by any of several factors: race, color, religion, sexual orientation or national origin of the victim. A person could also be accused of committing a hate crime if they target a person’s actual or perceived employment as a state, city, county or federal peace officer, member of an organized fire department or emergency medical services personnel.
Several offenses can be elevated as a “hate crime” under state law, including assault, menacing, first-degree wanton endangerment, criminal abuse, unlawful imprisonment, rape, sodomy, first-degree sexual abuse, first-degree criminal mischief, criminal use of noxious substances, arson, riot, unlawful assembly, disorderly conduct, harassment and harassing communications, according to the statute.
Being convicted of a hate crime has no effect on prison sentences in Kentucky, but a judge does make a written record of the fact on the court record. The judge could also consider the fact when deciding whether to deny probation, shock probation, conditional discharge or other forms of reducing or eliminating or reducing a suspect’s prison time.
The state’s parole board could also determine the fact of a hate crime when making decisions on parole, according to the statute.
How often are hate crimes reported in Kentucky?
There were 130 incidents of hate crimes in Kentucky in 2021, according to the most recent data published online by the FBI. Seventy-six of those incidents involved race, ethnicity or ancestry bias, followed by 28 incidents of sexual orientation bias.
The Lexington Police Department investigated 10 instances of hate crime in 2021, eight of which stemmed from race, ethnicity or ancestry bias, according to the database. Fayette County Public Schools police also investigated three instances of hate crimes.
This story was originally published June 13, 2023 at 10:28 AM.
