A summons was issued for Peter Lynch, 30, by the Bernalillo County Metropolitan Court for criminal damage to property, said Lt. Pat Davis, spokesman for UNM Police. [emphasis added]I don't care how the hate crime statute is worded in this jurisdiction, nor do I care to find out. I'll note that you are assuming that, if I stole/vandalized/whatever your American flag, it would not be investigated as a "hate crime."
Your confusion over the property issue is the real red herring here.
OK.
If you say so.