Anti-LGBTQ+ Hate Crimes in Arizona Are Increasing. There’s No Law to Prosecute Them.

In 2023, Bernardo Pantaleon and Osvaldo Hernandez Castillo were murdered just eight months apart. The man accused of killing them, Leonardo Santiago, was initially booked in connection to Pantaleon’s death but later confessed and was indicted for both murders. Both victims were gay men.

Court records show Santiago made homophobic remarks online before killing Pantaleon. When he confessed to the murder, he alleged an “unwanted advance,” while investigators found evidence suggesting a sexual relationship between Santiago and Castillo.

If that sounds like textbook hate crime material, Arizona law disagrees.

Instead of a straight-forward hate crime charge, prosecutors can only tack on a hate crime enhancement—essentially an optional sentencing boost. Pantaleon’s family has been pushing for it. But so far, the Maricopa County Attorney’s Office hasn’t budged. And this case isn’t an outlier.

The Fine Print on Arizona’s Hate Crime Enhancements

Unlike other states, Arizona doesn’t have a standalone hate crime charge. The closest thing is an enhancement that can be added after a conviction—if prosecutors prove bias was a motive. And even then, it only applies to felonies, not misdemeanors, according to Detective Charlee McDermott of Phoenix Police Department’s Bias Crimes Unit.

Here’s how that plays out in real life: If someone kills a person while hurling slurs, that fact might extend their sentence—but that’s not a guarantee. 

“Legislation like this isn’t just about punishment. It’s about making sure that marginalized communities know they’re protected, that their government acknowledges the threats they face, and that violence against them won’t be tolerated.”
-Cathryn Oakley, Senior Director for Legal Policy at the Human Rights Campaign

For LGBTQ+ Arizonans, the law has some glaring holes: “Sexual orientation” qualifies for a hate crime enhancement, but “gender identity” does not. That means protections don’t extend to nonbinary or gender-fluid people. Transgender individuals, however, do fall under the broader “gender” category, according to McDermott.

Federally, hate crimes and hate incidents are two different things. A crime involves actual violence or vandalism; an incident—like writing a homophobic slur in chalk—doesn’t meet that threshold. That distinction matters when it comes to enforcement.

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In Pantaleon’s case, federal prosecutors could theoretically bring hate crime charges under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, which enshrined a federal hate crime statute. But with U.S. Attorney General Pam Bondi—who has a history of anti-LGBTQ+ rhetoric—running the DOJ’s hate crimes unit under President Donald Trump, the likelihood of federal intervention is murky, at best.

The Loophole That Lets Killers Walk: Arizona’s ‘Panic Defense’

Beyond weak hate crime laws, Arizona still allows a legal argument that’s been banned in 20 states: the “Gay or Trans Panic Defense.” This defense lets someone argue that discovering a person’s LGBTQ+ identity—or an alleged sexual advance—drove them to violence.

And Santiago? He’s using it.

“The idea is that hate crime laws deter violence, but the issue is systemic."
-Joe Larios, Organizing Director at Mass Liberation AZ

Arizona is one of 30 states, mostly in the South and Midwest, that still allow this excuse in court. And according to Cathryn Oakley, Senior Director for Legal Policy at the Human Rights Campaign, this is just as dangerous as Arizona’s lack of hate crime statutes.

“The purpose is to push back on the idea that violence is excusable because of a certain aspect of a person,” Oakley told LOOKOUT. “Sometimes, in doing that, they are trying to send a message that no one like the victim is safe. The purpose is to repudiate that message and say that it’s inexcusable.”

The Numbers—And the Gaps—In Reporting

If you’re trying to get a clear picture of hate crimes in Arizona, good luck. The numbers are a mess.

In 2023, Phoenix PD logged 20 bias-motivated crimes against LGBTQ+ people. But that stat only includes cases where bias was part of the crime—not necessarily the main motive. That legal gray area means incidents go undercounted.

Statewide, Arizona Department of Public Safety reported 223 hate crimes in 2023, up 4.69% from the previous year. Of those, 14.3% were based on sexual orientation, 1.8% on gender, and 3.1% on gender identity. But even these stats aren’t airtight. Phoenix PD and other Arizona agencies have had trouble reporting full crime data to the FBI, in part due to a messy transition to a new data system, according to Axios.

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Despite hate crimes usually being designated for a protected class of people, the department also has an “anti-heterosexual” hate crime as a category—they have counted two cases since 2017.

Then there’s the question of who doesn’t report crimes at all. McDermott says Phoenix PD is using grant money from the Matthew Shepard/James Byrd Jr. Hate Crimes Grant to improve online reporting. Right now, victims have to call a number and schedule an in-person meeting—something that can deter people from coming forward, especially if they don’t trust law enforcement.

The Politics Behind Hate Crime Legislation

Arizona’s lack of hate crime protections isn’t an accident. The state has a long history of resistance to progressive policies, and its conservative legislature has shown little interest in expanding protections for marginalized communities.

Nationally, the debate over hate crime laws is deeply political. Some conservatives argue that hate crime statutes create “thought crimes,” punishing people more harshly based on their beliefs rather than their actions. Others claim these laws aren’t necessary, as existing statutes already penalize violent crimes.

But advocates say hate crime laws serve an important purpose: they recognize that crimes motivated by bias don’t just harm the victim—they send a message of fear to entire communities. And when those crimes go unpunished or underreported, it emboldens perpetrators.

“Legislation like this isn’t just about punishment,” Oakley said. “It’s about making sure that marginalized communities know they’re protected, that their government acknowledges the threats they face, and that violence against them won’t be tolerated.”

Are Hate Crime Laws Enough?

While Arizona remains behind on hate crime protections, advocacy groups continue pushing for reform. Some are working to ban the panic defense, while others focus on improving reporting mechanisms and data collection.

For now, the state’s hate crime laws remain a patchwork of limitations and loopholes. And for victims and their families, justice remains a moving target. Because even if Arizona had strong hate crime laws, would they actually help prevent violence? Joe Larios, Organizing Director at Mass Liberation AZ, doesn’t think so.

“The idea is that hate crime laws deter violence, but the issue is systemic,” Larios told LOOKOUT. “Hate crime legislation doesn’t address the root causes—like homophobia and transphobia rooted in white supremacy.”

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He also points out that harsher sentencing doesn’t always translate to justice, especially for marginalized people who need more than just punitive measures.

“A lot of times, folks want more than just punishment – especially people in the trans community who are already on the margins with things like housing and job issues,” Larios said. “Hate crime legislation doesn’t offer support for them to meet those needs. So for folks who are victims of violence, there are many things a harsher sentence doesn’t address.”