PRINTER'S NO. 1793
No. 1294 Session of 2008
INTRODUCED BY KITCHEN, WASHINGTON, TARTAGLIONE, HUGHES,
DINNIMAN, C. WILLIAMS, STACK, LAVALLE, FOLMER, BROWNE,
RAFFERTY, COSTA, WOZNIAK AND RHOADES, FEBRUARY 26, 2008
REFERRED TO JUDICIARY, FEBRUARY 26, 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 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
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)(1)
14 shall be classified as a misdemeanor of the third degree if
15 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 intention to commit any act, the commission
24 of which is a necessary element of any offense referred to in
25 subsection (a) motivated by hatred toward the actual or
26 perceived race, color, religion or national origin, ancestry,
27 mental or physical disability, sexual orientation, gender or
28 gender identity of another individual or group of individuals.
29 Section 2. This act shall take effect in 60 days.
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