We learned in the Guardians of the Galaxy Holiday Special that Drax the Destroyer had a cousin…who was killed by a GoBot. Upon seeing a person cosplaying as a GoBot, Drax immediately threatened violence. Drax later made good on his threats and repeatedly punched the GoBot cosplayer.
Was Drax’s attack a hate crime?
California law applies because the attack took place in Los Angeles, California. California’s hate crime law is stated in Penal Code 422.6(a):
No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55.
“Hate crime” is defined in Penal Code section 422.55, which states that when a criminal action is committed, in whole or in part, because the victim had one or more of the “following actual or perceived characteristics”:
(1) Disability.
(2) Gender.
(3) Nationality.
(4) Race or ethnicity.
(5) Religion.
(6) Sexual orientation.
(7) Association with a person or group with one or more of these actual or perceived characteristics.
The punishment for a hate crimes conviction includes imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), and can include up to 400 hours of community service. Penal Code 422.6(c).
Was Drax battering a person cosplaying as a GoBot enough for a hate crime conviction? Arguably yes, because the reason for the attack was based on the fact Drax perceived the cosplayer to have the characteristics of a GoBot. This requires GoBots being a Nationality, Race, or Ethnicity in the Marvel Cinematic Universe. Since Drax recognized the cosplayer as a GoBot and Mantis stated a GoBot killed Drax’s cousin, apparently Gobotron is a planet in the MCU. Drax’s intent for committing the battery was solely based on the fact the cosplayer was dressed as a GoBot. As such, Drax’s intent for the battery was on the basis of the cosplayer having the perceived characteristics of a GoBot. This meets the requirements for a hate crime.
Drax’s defense is that he made a mistake of fact and merely violently battered the cosplayer repeatedly, but that defense likely would fly like a lead balloon.
