youth hate crime

How is this not a hate crime? I don't get it. They're only getting charged with aggravated sexual assault. How about attempted murder?

HOUSTON -- A Hispanic boy who authorities said was viciously attacked and sodomized by two white teens shouting ethnic slurs also suffered cigarette burns on his back and numerous other injuries.
The attackers stomped on his head with steel-toed boots, poured bleach into a patio-umbrella pole and sodomized him with it, tried to carve something in his chest, and doused his body with bleach, investigators said.

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