THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY M. O'BRIEN AND JOSEPHS, JULY 1, 2010

REFERRED TO COMMITTEE ON JUDICIARY, JULY 1, 2010  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for ethnic

intimidation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2710 of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 2710.  [Ethnic] Bias-based intimidation.

(a)  Offense defined.--A person commits the offense of

[ethnic] bias-based intimidation if, with malicious intention

toward the actual or perceived race, color, religion [or],

national origin, ancestry, sexual orientation, gender, mental

disability or physical disability of another individual or group

of individuals, he commits an offense under any other provision

of this article or under Chapter 33 (relating to arson, criminal

mischief and other property destruction) exclusive of section

3307 (relating to institutional vandalism) or under section 3503

(relating to criminal trespass) with respect to such individual

or his or her property or with respect to one or more members of

such group or to their property.

(b)  Grading.--An offense under this section shall be

classified as a misdemeanor of the third degree if the other

offense is classified as a summary offense. Otherwise, an

offense under this section shall be classified one degree higher

in the classification specified in section 106 (relating to

classes of offenses) than the classification of the other

offense.

(c)  [Definition.--As used in this section "malicious

intention" means the] Definitions.--As used in this section, the

following words and phrases shall have the meanings given to

them in this subsection unless the context clearly indicates

otherwise:

"Gender."  A person's actual gender or person's self-

perceived gender, as male or female, and includes a person's

gender-related appearance, behavior, expression or physical

characteristics, whether or not that appearance, behavior,

expression or physical characteristic is different from that

which is stereo-typically associated with the person's assigned

sex at birth.

"Malicious intention."  The intention to commit any act, the

commission of which is a necessary element of any offense

referred to in subsection (a) motivated by hatred toward the

actual or perceived race, color, religion [or], national origin, 

ancestry, sexual orientation, gender, mental disability or

physical disability of another individual or group of

individuals.

Section 2.  This act shall take effect immediately.