What does the term 'intimidation' include in the context of hate crimes?

In the context of hate crimes, 'intimidation' specifically refers to threatening words or conduct that instills fear or apprehension in a victim due to their identity, such as race, ethnicity, gender, or sexual orientation. This operational definition underscores that intimidation does not necessarily require physical action or assault; rather, it encompasses any behavior that aims to scare, coerce, or control an individual or group based on their perceived differences.

Threatening words or conduct are significant because they can create a hostile environment, even if they do not escalate into physical violence. The essence of hate crimes lies not just in the act itself but in the intent to target individuals or communities based on immutable characteristics, which such threatening behavior encapsulates.

In contrast, physical assault or battery, while certainly serious offenses that can correlate with hate crimes, do not fall under the definition of intimidation without the accompanying intent to instill fear. Harassment that does not involve threats may still be problematic but lacks the critical element of intimidation intended to instill fear based on identity. Arguments that lead to physical confrontation might indicate a hate crime, but again, they do not capture the essence of intimidation without the explicit element of threatening behavior aimed specifically at minority groups.