The swastika has been used by Hindus, Buddhists, and Jains for millennia as a symbol of well-being. Anyone who displays such symbols with the “intent to damage property of another person” can be charged with criminal mischief, which falls underneath New York State’s list of designated hate crimes. New York law also provides that anyone who “etches, paints, draws upon or otherwise places a swastika or noose,” or “sets a cross on fire in public view” can be charged with first-degree aggravated harassment. New York State Penal Law defines hate crimes as criminal acts that are motivated in whole or substantial part by an offender’s identification of a person, group, place, or property with a particular “race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation.” New York State Laws on Hate Crimes and Hateful Vandalism In New York, some hate-motivated symbols can result in hate crime charges in addition to the underlying committed crime. Hateful symbols can also create pain and fear within vulnerable communities. Hate crimes are not limited to violent or physical attacks.
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