I just read the hate crime enhancement statutes for Missouri, as for assault only 3rd degree and lesser are subject to the enhancement, so 1st and 2nd degree assault are not.  Seems irrational, but that's the law, apparently. Also, it would be hard to prove this scum assaulted the child out of a racist motive, not saying he didn't, just that it would be hard to prove. Edit: here's the law.  You have to click on each linked section to see where hate crime enhancement can be applied.