Even if the offender believes the victim is a member of a protected group, a hate crime only occurs if the victim actually is in a protected group.

Name: Even if the offender believes the victim is a member of a protected group, a hate crime only occurs if the victim actually is in a protected group.
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Question

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A hate crime can occur based on the offender's perception of the victim's membership in a protected group, regardless of whether the victim actually belongs to that group.

Even If the Offender Believes the Victim Is a Member