PRINTER'S NO. 4408
No. 2784 Session of 2008
INTRODUCED BY NICKOL, SHAPIRO, FRANKEL, BRENNAN, BUXTON,
CARROLL, COHEN, DePASQUALE, GEORGE, JOSEPHS, MANDERINO, MANN,
McGEEHAN, MUNDY, M. O'BRIEN, PASHINSKI, PETRONE, ROEBUCK,
ROSS, SANTONI, SIPTROTH, M. SMITH, STURLA, SWANGER AND MURT,
SEPTEMBER 23, 2008
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 23, 2008
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for ethnic
3 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 reenacted to read:
8 § 2710. Ethnic intimidation.
9 (a) Offense defined.--A person commits the offense of ethnic
10 intimidation if, with malicious intention toward the actual or
11 perceived race, color, religion, national origin, ancestry,
12 mental or physical disability, sexual orientation, gender or
13 gender identity of another individual or group of individuals,
14 he commits an offense under any other provision of this article
15 or under Chapter 33 (relating to arson, criminal mischief and
16 other property destruction) exclusive of section 3307 (relating
17 to institutional vandalism) or under section 3503 (relating to
1 criminal trespass) with respect to such individual or his or her
2 property or with respect to one or more members of such group or
3 to their property.
4 (b) Grading.--An offense under this section shall be
5 classified as a misdemeanor of the third degree if the other
6 offense is classified as a summary offense. Otherwise, an
7 offense under this section shall be classified one degree higher
8 in the classification specified in section 106 (relating to
9 classes of offenses) than the classification of the other
10 offense.
11 (c) Definition.--As used in this section "malicious
12 intention" means the intention to commit any act, the commission
13 of which is a necessary element of any offense referred to in
14 subsection (a) motivated by hatred toward the actual or
15 perceived race, color, religion or national origin, ancestry,
16 mental or physical disability, sexual orientation, gender or
17 gender identity of another individual or group of individuals.
18 Section 2. This act shall take effect immediately.
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