THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY KITCHEN, WASHINGTON, COSTA, WILLIAMS, TARTAGLIONE, RAFFERTY, FONTANA, HUGHES, STOUT, FOLMER, BROWNE, STACK, LOGAN, FARNESE AND BOSCOLA, FEBRUARY 20, 2009

REFERRED TO JUDICIARY, FEBRUARY 20, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in assault, further providing for the

offense of 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 intimidation.

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

intimidation if[, with]:

(1)  with malicious intention toward the actual or

perceived race, color, religion, national origin, ancestry,

mental or physical disability, sexual orientation, gender or

gender identity 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[.]; or

(2)  he intentionally or recklessly displays a symbol

which is offensive to the race, color, religion, national

origin, ancestry, mental or physical disability, sexual

orientation, gender or gender identity of another individual

or group of individuals or used the symbol in a manner to

intimidate or endanger the individual or group of individuals

through its display.

(b)  Grading.--

(1)  An offense under [this section] subsection (a)

(1)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.

(2)  An offense under subsection (a)(2) shall be

classified as a misdemeanor of the third degree.

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

intention" means the] As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"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, mental or physical disability, sexual orientation,

gender or gender identity of another individual or group of

individuals.

"Symbol."  The term includes, but is not limited to, a noose,

swastika or simulation thereof.

Section 2.  This act shall take effect in 60 days.