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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY KITCHEN, WASHINGTON, COSTA, WILLIAMS, TARTAGLIONE, RAFFERTY, FONTANA, HUGHES, STOUT, FOLMER, BROWNE, STACK, LOGAN, FARNESE AND BOSCOLA, FEBRUARY 20, 2009 |
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| REFERRED TO JUDICIARY, FEBRUARY 20, 2009 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, in assault, further providing for the |
3 | offense of ethnic intimidation. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 2710 of Title 18 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 2710. Ethnic intimidation. |
9 | (a) Offense defined.--A person commits the offense of ethnic |
10 | intimidation if[, with]: |
11 | (1) with malicious intention toward the actual or |
12 | perceived race, color, religion, national origin, ancestry, |
13 | mental or physical disability, sexual orientation, gender or |
14 | gender identity of another individual or group of |
15 | individuals, he commits an offense under any other provision |
16 | of this article or under Chapter 33 (relating to arson, |
17 | criminal mischief and other property destruction) exclusive |
18 | of section 3307 (relating to institutional vandalism) or |
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1 | under section 3503 (relating to criminal trespass) with |
2 | respect to such individual or his or her property or with |
3 | respect to one or more members of such group or to their |
4 | property[.]; or |
5 | (2) he intentionally or recklessly displays a symbol |
6 | which is offensive to the race, color, religion, national |
7 | origin, ancestry, mental or physical disability, sexual |
8 | orientation, gender or gender identity of another individual |
9 | or group of individuals or used the symbol in a manner to |
10 | intimidate or endanger the individual or group of individuals |
11 | through its display. |
12 | (b) Grading.-- |
13 | (1) An offense under [this section] subsection (a) |
14 | (1)shall be classified as a misdemeanor of the third degree |
15 | if the other offense is classified as a summary offense. |
16 | Otherwise, an offense under this section shall be classified |
17 | one degree higher in the classification specified in section |
18 | 106 (relating to classes of offenses) than the classification |
19 | of the other offense. |
20 | (2) An offense under subsection (a)(2) shall be |
21 | classified as a misdemeanor of the third degree. |
22 | (c) Definition.--[As used in this section "malicious |
23 | intention" means the] As used in this section, the following |
24 | words and phrases shall have the meanings given to them in this |
25 | subsection: |
26 | "Malicious intention." The intention to commit any act, the |
27 | commission of which is a necessary element of any offense |
28 | referred to in subsection (a) motivated by hatred toward the |
29 | actual or perceived race, color, religion or national origin, |
30 | ancestry, mental or physical disability, sexual orientation, |
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1 | gender or gender identity of another individual or group of |
2 | individuals. |
3 | "Symbol." The term includes, but is not limited to, a noose, |
4 | swastika or simulation thereof. |
5 | Section 2. This act shall take effect in 60 days. |
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