What counts as a hate crime (delito de odio) in Spain

Key rules

• Hate offence: Inciting hatred, hostility, discrimination or violence against a group is punishable with 1 to 4 years in prison plus a fine.
• Bias motive: An ordinary crime such as assault carries a higher penalty if bias was proven to be the motive.
• Online: Committing a hate offence online or through the media raises the penalty.
• Insults: A personal insult that does not target a protected group is not a hate crime.

The short answer

A hate crime is not just an offensive remark. Spanish law treats it in two ways. Some conduct is a crime in itself because it spreads hatred against a group. And any ordinary crime, such as an assault, costs the offender more if bias was the motive.

Hate offences: incitement, material and humiliation

The hate offences target conduct aimed at a group, or at a person because they belong to a group on a protected ground. They fall into two tiers.

Prison of 1 to 4 years plus a fine for:

• Publicly encouraging, promoting or inciting, directly or indirectly, hatred, hostility, discrimination or violence against a group or a member of it.
• Producing, possessing for distribution, distributing or selling material suited to incite that hatred. You do not have to have written it yourself.
• Publicly denying, seriously trivialising or glorifying genocide, crimes against humanity or crimes against protected people and property in armed conflict, when this promotes a climate of violence, hostility, hatred or discrimination.

Prison of 6 months to 2 years plus a fine for:

• Injuring the dignity of people through acts of humiliation, contempt or discredit of a group or a member of it, or producing or distributing material for that purpose.
• Publicly glorifying or justifying crimes against such groups, or those who committed them.

The penalty goes to its higher half if the offence is committed through the media, the internet or other communication technology so that it reaches many people. It also goes higher if the facts could disturb public peace or create serious insecurity or fear. Courts can also order material destroyed, web content removed, and a ban from teaching or youth activities.

Bias as an aggravating factor

Any ordinary crime, such as assault, threats, damage or coercion, can carry a higher penalty if the motive was bias. The judge normally applies the upper half of the range when this is the only aggravating factor.

Bias must be proven as the motive. Courts infer it from the context, the words used, the victim's characteristics and the offender's background. It cannot be added on top of a hate offence, because bias is already part of that offence.

Protected grounds

The law covers racist, antisemitic or anti-Gypsy motives, and reasons relating to:

• ideology, religion or beliefs
• family situation
• ethnic group, race or nation, and national origin
• sex and gender
• age (including being a minor)
• sexual orientation or identity
• aporophobia or social exclusion (hostility towards poor people)
• illness and disability

The list was widened by reforms in 2015, 2021 and 2022. The wording differs slightly between the hate offences and the aggravating factor, but the groups covered are very close.

How it differs from an ordinary insult

An ordinary insult attacks one person's honour. It is not a hate crime just because it is rude or hurtful.

A hate offence is aimed at a group, or at a person as a member of one. It involves incitement to hatred, hostility, discrimination or violence, or serious humiliation of their dignity. It usually has to be public. For incitement, courts ask whether the speech creates a real or potential risk, meaning a climate of hostility.

If the crime is ordinary but the motive was bias, the aggravating factor applies instead. The decision below helps you place what happened.

Signs of a bias motive

Police and prosecutors look for indicators such as:

• You perceive that it was motivated by bias.
• You belong to a protected group.
• The attacker used words, symbols or tattoos showing hatred.
• The attacker has links to extremist groups.
• There is no other apparent motive.
• The date or place is significant, such as a commemoration or a site tied to the group.
• There were earlier incidents.
• The weapon or manner of attack, or a symbolic target, points to bias.

Tell the police about anything on this list when you report. The warnings and FAQ below cover common mistakes and questions.

Choosing between options

Is what happened an ordinary insult, a hate offence, or an ordinary crime with a bias motive?

• Ordinary insult: The words attack one person's honour and are not aimed at them as a member of a protected group, and do not call for hatred or violence.

• Hate offence: The conduct is aimed at a group, or at a person as a member of a protected group, and incites hatred, hostility, discrimination or violence, or seriously humiliates their dignity, usually in public.

• Ordinary crime with a bias motive: The act is an ordinary crime such as assault, threats or damage, and the reason for it was the victim's race, religion, sexual orientation, disability or another protected ground.

Ask first whether the target was a protected group or a person as part of one. If not, it is an ordinary insult. If yes and the conduct incites hatred or seriously humiliates, it is a hate offence. If yes and it is an ordinary crime committed because of the bias, the penalty is higher.

What to watch out for

• Sharing hateful material can be a crime even if you did not write it: Distributing, selling or holding for distribution material that could incite hatred carries prison of 1 to 4 years plus a fine. Publicly glorifying or justifying crimes against a protected group, or humiliating a group, carries 6 months to 2 years plus a fine. Do not post or forward such material, and delete anything you shared before you realised what it was.

• Posting online makes the penalty higher: If the conduct is spread through the internet, social media or the press so that it reaches many people, the court uses the higher half of the penalty. A court can also order the content removed and bar you from teaching or youth activities. Remember that a post in a public group or feed counts as public, even if you meant it as a joke.

• An ordinary crime can cost more if bias was the motive: Assault, threats, damage or coercion committed for racist or other discriminatory reasons carry a higher penalty, even when no hate offence is charged. If you are the victim, tell the police what was said and why you think you were targeted, so the motive is on record.

• Not every insult is a hate crime: An insult aimed at one person's honour is normally an ordinary offence. It becomes a hate matter only when it targets a person as a member of a protected group or incites hatred, hostility or violence. When unsure, report it anyway and let the prosecutor decide which offence applies.

Frequently asked questions

Does a hate crime have to be said in public?

Yes, for incitement to hatred the expression is usually public, and a court also looks at whether it creates a real or potential risk of hostility. A private insult between two people is normally treated as an ordinary offence against honour. Humiliating a group in a way that harms its dignity can also be a hate offence.

What happens if someone assaults me for bias reasons?

If someone assaults you because of a protected ground, the assault is still charged as an ordinary crime, but the bias makes the penalty higher. The court must see that bias was the motive, judging by the words used, the context and the offender's background. It does not apply where the bias is already part of a hate offence itself.

What signs show that a crime was motivated by bias?

Police and prosecutors look for signs such as your own sense that you were targeted because of who you are. They also check the offender's words, symbols or tattoos, links to extremist groups, and the lack of any other motive. The date or place (for example a commemoration or a site tied to your group) and earlier incidents also count.

Can a hate offence also be committed online?

Yes, hate offences can be committed online, and spreading them through the internet or the media carries a higher penalty because it reaches many people. A court can also order the removal of web content and the destruction of the material.