Hate Crime as an Aggravating Circumstance
Under Article 53-1 of the Criminal Code of Georgia, the commission of a crime motivated by intolerance is an aggravating circumstance of liability for all corresponding crimes provided for by the Code. A hate-motivated offence is therefore not a separate offence: it is an aggravating circumstance applied on the basis of general provisions, and that is precisely why the establishment of the motive is decisive for the defense.
It follows from the nature of an aggravating circumstance that it can be applied only where it is established by the materials of the case. The accusation must rest on evidence that confirms precisely the motive of intolerance and not on a general assumption about it; otherwise the circumstance must be excluded from the determination of the sentence.