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Joe is angry about the political disorder both at home and overseas.He believes that Muslims are the cause of the world's troubles.While walking past the local Muslim mosque he sees an individual exiting the front door.Joe picks up a stone and throws it at the individual,striking him in the forehead.A passerby observes the incident and calls the police.Joe is arrested and charged with assault.Upon conviction at trial,the prosecutor seeks to enhance Joe's punishment by establishing that the assault was a hate crime based on Joe's hatred of Muslims.However,the evidence established that the victim was actually not a Muslim but a Hispanic male who had been hired by the mosque leaders to repair the plumbing.What effect will the fact that Joe's intended victim was not a Muslim have upon the court's view of the act as a hate crime?
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