These penalties come into effect if an "actual or perceived" threat occurs. Because it is up to the court to determine how the criminal perceived the "race, color, national origin, religion, sexual orientation, gender, or disability, of the victim," it is felt there is the possibility to abuse this law in places where more ordinary harassment or assault charges would suffice. | These penalties come into effect if an "actual or perceived" threat occurs. Because it is up to the court to determine how the criminal perceived the "race, color, national origin, religion, sexual orientation, gender, or disability, of the victim," it is felt there is the possibility to abuse this law in places where more ordinary harassment or assault charges would suffice. |