With the possibility of SW being involved with neo-nazi groups, wondering if federal law could apply if a hate crime is suspected? Since CA law doesn't include a special circumstance for sexual orientation or gender identity, maybe the DA should turn the case over to the FBI to investigate and assume jurisdiction. The Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009 may apply. This federal Act includes hate crimes associated with sexual orientation and gender identity unlike the CA law.
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Traditionally, FBI investigations of hate crimes were limited to crimes in which the perpetrators acted based on a bias against the victim’s race, color, religion, or national origin.
In addition, investigations were restricted to those wherein the victim was engaged in a federally protected activity. With the passage of the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, the Bureau became authorized to investigate these crimes without this prohibition. This landmark legislation also expanded the role of the FBI to allow for the investigation of hate crimes committed against those based on biases of actual or perceived sexual orientation, gender identity, disability, or gender.
https://www.fbi.gov/investigate/civil-rights/hate-crimes
Department of Justice - Hate Crime Laws
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Before the Civil Rights Division prosecutes a hate crime, the Attorney General or someone the Attorney General designates must certify, in writing, that (1) the state does not have jurisdiction; (2) the state has requested that the federal government assume jurisdiction; (3) the verdict or sentence obtained pursuant to state charges did not demonstratively vindicate the federal interest in eradicating bias-motivated violence; or (4) a prosecution by the United States is in the public interest and necessary to secure substantial justice. In the seven years since the passage of the Shepard-Byrd Act, the Justice Department has charged 72 defendants and convicted 45 defendants under this statute. In total, as of July 15, 2016, the department has charged 258 defendants for hate crimes under multiple statutes over the last seven years.
https://www.justice.gov/crt/hate-crime-laws