Pennsylvania Act 2002-143 — CRIMES CODE (18 PA.C.S.) - AMEND ETHNIC INTIMIDATION

Act text

CRIMES CODE (18 PA.C.S.) - AMEND ETHNIC INTIMIDATION
                 Act of Dec. 3, 2002, P.L. 1176, No. 143              Cl. 18
                             Session of 2002
                               No. 2002-143

     HB 1493

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for 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 malicious intention 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,
     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) or under section 5504 (relating to harassment
     by communication or address) 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.
        (b)  Grading.--An offense under this section 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.
        (c)  Definition.--As used in this section "malicious
     intention" means 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.
        Section 2.  This act shall take effect immediately.

     APPROVED--The 3rd day of December, A. D. 2002.

     MARK S. SCHWEIKER