In a hate crime, one is punished not just for committing a specific crime against someone, but for his supposed thoughts toward that person. If a man beat up a heterosexual, for example, he would deserve one sentence. But beating up a homosexual, if it could be proved that he once expressed a negative attitude toward homosexuals, would get him a substantially increased sentence. Also, students who mention wishing for the death of a teacher or fellow student are taken seriously and punished. They could merely mention it on Facebook or in texting, for instance, and immediately be in trouble—because it shows the intent of the heart, even if they are not actively planning it.
What have been listed in the above are actions. No one knows anything about anyone's private thoughts. Once that thought has gone out, it is no longer just a thought and one has to be responsible for what has gone out of his/her head. The issue is not only "thought crime" which are not detectable, it is also about "crime without victims". Pointing out the stupidity of someone's is not a crime as long as that stupidity can be demonstrated. For example, it is really stupid to believe that a loving god would need to sacrifice itself to itself to forgive itself from creating human eating a forbidden fruit before that human knew what is good and what is bad. I hold that thought for a long time. No one would know. As I put it down, I have to face the consequence of the above words - which I am prepared to defend why I really think that is a stupid belief.