Prof,
But in legislative terms what would be the difference between me burning your house down because I hate you and me burning your house down just because I'm an arsonist? Is the first crime somehow more serious than the second? Why?
Yes it would - perhaps not in the context of arson, because that is such a serious crime anyhow, but certainly in the context of lesser crimes.
So this would play into the concept of aggravating factors. So if I spray graffiti over your wall but that is just a random act, I could have chosen any wall that would be a crime. However if I specifically targeted your wall because I know you and hate you, then that would be an aggravating factor. If I specifically target your wall, not because I know you at all, but because I know that people who live there are muslim, or black, or gay and I have a generalised hatred of muslims, or black people, or gay people then that may be a further aggravating factor. So for example you'll often hear of a racially aggravated assault - in other words that the victim was chosen because of their race, rather than at random, or because the attacker knew and disliked the individual.
In some cases aggravating factors don't change the base crime but may lead to a longer sentence. In other cases the aggravating factors are sufficient for this to be a different and more serious crime.