Woman buying pot from NYC deli maced, dragged by hair, kicked in head by cashier who mistook her for trans
stopthatgirl7@kbin.social to 
nydailynews.com
A Staten Island woman buying pot from a local deli got into a misunderstanding with the cashier — who ended up macing her, dragging her outside by her hair, kicking her in the head and mistakenly calling her trans.
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Of course it qualifies as a hate crime. Hate crime legislation is entirely about what you think inside your head as you commit some other crime - hence the word "hate".
Hate with your head, not with your hands,
otherwise you'll be picking from commissary plans.
It's not entirely about what you think, it can also be about what any reasonable person might think. You could genuinely think you're just joking, but if it's so bad that no one else would reasonably think it was a joke you could still be found guilty.