Distinguishing a hate crime requires reading the mind of the accused, a dubious prospect at best and perhaps not something that should be considered when deciding on punishments. In short, hate crime legislation criminalizes thought (wikipedia.org) and denies equal protection (wikipedia.org). In addition, hate crime prosecutions seek to punish an individual for motive (wikipedia.org) rather than intent (wikipedia.org). For example, the difference between first or second degree murder is intent, not motive.