Can this Muslim woman be charged with a hate crime?

There is a case in New York, where a Muslim woman who reported she’d been attacked by white Trump supporters is now charged with filing false report

Now, the notorious false police report cases off the top of my head are:

  1. Some white woman who a few decades ago drove her car with the kids inside into river, drowned them, then claimed a black guy kidnapped them.
  2. A deranged black whore a few years ago, who accused a group of white students of rape.

In former case, the woman was trying to cover up her own crime.
In latter case… well, it was just a deranged whore, don’t think she was targeting white people specifically.

But this case appears to be slightly different: there was no crime to cover up, and the girl doesn’t seem deranged.
The whole story seems to be concosted with the goal of targetting a specific group of people: white Trump supporters.

So, a question for dopers well-versed (or just versed) in law: can she be charged with a hate crime?

“Filing false report” is not generally one of the crimes that can become a hate crime. They are generally restricted to violent crime–including violence to property.

If the crime were one that could be elevated to a hate crime, there would still also be the problem of proving she did it because they were white, and not because, as she claimed, they were Trump supporters. Being a Trump supporter is not a protected class.

Based on this list, I would think she could not since it is not a specified offense under New York penal law.

The whiteness of the supposed Trump supporters isn’t mentioned in the newspaper report linked in the OP. The report does say that the gave the police a description of the subjects, and it is possible that in the description she specified that they were white, but we don’t know that; the report doesn’t say what ethnicity, if any, she specified.

So, really, there’s nothing at all here to suggest a racial motivation; any racial element seems to be a complete invention of the OP’s, which is ironic.

Nor, indeed, is there any evidence that the false report was actuated by animus against Trump supporters. The report explicitly says that her motivation is not clear. It may have been simple attention-seeking.

She initially reported that three white men shouting “Donald Trump” verbally accosted her on the subway around 10 p.m. on December 1 as she was leaving a Baruch College event, a local CBS affiliate reported.

“White woman” (who killed her kids)
“Deranged black whore” (false rape accusation)

Hmmmm… interesting phrasing there.

They are taking the three babby back to new york to lady too rest.

Iirc, the ‘black whore’ in question was a stripper/prostitute. The phrasing still sucks but isn’t far from the truth.

Slee

Yes, because killing your kids so you can hook up with a man is … different… than being a mere whore, true. But only one had their descriptions modified from the factual.

So…

Deranged white adulterer and murderer
Deranged black whore

Is more accurate still.