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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY M. O'BRIEN AND JOSEPHS, JULY 1, 2010 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JULY 1, 2010 |
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| AN ACT |
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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] Bias-based intimidation. |
9 | (a) Offense defined.--A person commits the offense of |
10 | [ethnic] bias-based intimidation if, with malicious intention |
11 | toward the actual or perceived race, color, religion [or], |
12 | national origin, ancestry, sexual orientation, gender, mental |
13 | disability or physical disability of another individual or group |
14 | of individuals, he commits an offense under any other provision |
15 | of this article or under Chapter 33 (relating to arson, criminal |
16 | mischief and other property destruction) exclusive of section |
17 | 3307 (relating to institutional vandalism) or under section 3503 |
18 | (relating to criminal trespass) with respect to such individual |
19 | or his or her property or with respect to one or more members of |
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1 | such group or to their property. |
2 | (b) Grading.--An offense under this section shall be |
3 | classified as a misdemeanor of the third degree if the other |
4 | offense is classified as a summary offense. Otherwise, an |
5 | offense under this section shall be classified one degree higher |
6 | in the classification specified in section 106 (relating to |
7 | classes of offenses) than the classification of the other |
8 | offense. |
9 | (c) [Definition.--As used in this section "malicious |
10 | intention" means the] Definitions.--As used in this section, the |
11 | following words and phrases shall have the meanings given to |
12 | them in this subsection unless the context clearly indicates |
13 | otherwise: |
14 | "Gender." A person's actual gender or person's self- |
15 | perceived gender, as male or female, and includes a person's |
16 | gender-related appearance, behavior, expression or physical |
17 | characteristics, whether or not that appearance, behavior, |
18 | expression or physical characteristic is different from that |
19 | which is stereo-typically associated with the person's assigned |
20 | sex at birth. |
21 | "Malicious intention." The intention to commit any act, the |
22 | commission of which is a necessary element of any offense |
23 | referred to in subsection (a) motivated by hatred toward the |
24 | actual or perceived race, color, religion [or], national origin, |
25 | ancestry, sexual orientation, gender, mental disability or |
26 | physical disability of another individual or group of |
27 | individuals. |
28 | Section 2. This act shall take effect immediately. |
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