BobK, the thoughts of an individual often come into play when charges are filed. A person kills someone with a car negligently, and it's manslaughter. That same fatality done with malice is first-degree homicide. Setting a fire accidentally is an issue for the civil courts (barring death or injury) but setting a fire deliberately is arson.

So hate crime laws aren't particularly novel when it comes to issuing criminal charges on the basis of intent.