"These are things that I thought were important because of things that have happened around the country and things that have happened locally," Livingstone said. 'Hate crime' vs. 'hate incident' The forum began by distinguishing between a hate crime, which can be prosecuted with criminal charges, and a hate incident, which is legally protected by the First Amendment's right to freedom of expression. According to California law, a hate crime is when a criminal act is committed due to a perceived characteristic of the victim. Such characteristics can range from race and gender to sexual orientation and disability. Criminal acts can include both violent crimes like assault and property crimes like vandalism, and the crimes can be attempted or threatened though never committed. Police said any act that aims at causing physical injury, emotional suffering, intimidation or damage to property could qualify as a hate crime.