(a) “Enhanced penalty” means a statutory enhancement where the sentence is increased significantly and could double or more the sentence for the underlying crime for an offender who intentionally selects a victim based upon at least in part, the victim’s race, color, religion, national origin, sex, ancestry, age, disability, sexual orientation or gender identity and where the offender is subjected to more severe penalties than would have been imposed in the absence of hate-motivated intent.
(b) “Hate-motivated crime” means the commission, caused to be committed or attempted to be committed of any crime where conduct is maliciously motivated by prejudice of the victim’s actual or perceived race, color, religion, national origin, sex, ancestry, age, disability, sexual orientation or gender identity.
(c) “Underlying crime” means any crime defined in chapters 11, 13, 21, 30, 31, 35, 43, 45, 49, 53, 55, 63, 67, 79, 85, 87, 91, 93, 95, 101, 104, and 108 of this title, when the crime is committed, caused to be committed or attempted to be committed due to hate-motivated intent.