Georgia’s New Hate Crime Law: Defending Against Enhanced Charges in Social Media-Driven Cases
Georgia’s hate crime law adds serious penalties to crimes motivated by bias, especially when prosecutors point to controversial posts or messages as evidence of motive. However, not everything posted online proves intent, and speech alone doesn’t turn an offense into a hate crime.
What Georgia Law Allows (and Requires)
Passed in 2020, Georgia’s hate crime statute (HB 426) applies when a person commits a crime and targets a victim based on actual or perceived race, religion, sex, national origin, disability, or similar traits. It doesn’t create new crimes; it just adds extra jail time and fines on top of the base charge.
To use the enhancement, prosecutors must prove beyond a reasonable doubt that bias was a major reason the person committed the crime. Judges are required to state how the hate crime law increased the sentence. For misdemeanors, such as simple battery, the law adds up to 12 months and $5,000. For felonies, it adds at least two years in prison.
How Social Media Becomes Evidence
Online posts, group messages, livestreams, and even old tweets have been used by prosecutors to argue that someone acted out of bias. In hate crime cases, these posts can show motive, especially when they involve slurs or targeted comments. However, speech by itself without a connected criminal act is not enough.
If the alleged bias is based entirely on a post or a comment, defense lawyers can question whether that speech had any real connection to the crime. Prosecutors still have to prove the act was driven by that bias, not just that it occurred near offensive language.
First Amendment Rights Still Matter
The law doesn’t punish speech—it punishes actions. People can’t be charged under Georgia’s hate crime statute just for saying something offensive online. However, once a crime is committed, prosecutors may try to tie social media posts to the accused’s motive.
Defense lawyers often challenge how prosecutors interpret speech and ask whether the post actually influenced the crime. Courts expect proof that bias shaped the act, not just that offensive content exists.
At Morris & Dean, we defend clients across Georgia facing enhanced charges under the state’s hate crime law. If prosecutors are using social media against you, contact us.