2009 California Penal Code - Section 422.55-422.57 :: Chapter 1. Definitions

PENAL CODE
SECTION 422.55-422.57

422.55.  For purposes of this title, and for purposes of all other
state law unless an explicit provision of law or the context clearly
requires a different meaning, the following shall apply:
   (a) "Hate crime" means a criminal act committed, in whole or in
part, because of one or more of the following actual or perceived
characteristics of the victim:
   (1) Disability.
   (2) Gender.
   (3) Nationality.
   (4) Race or ethnicity.
   (5) Religion.
   (6) Sexual orientation.
   (7) Association with a person or group with one or more of these
actual or perceived characteristics.
   (b) "Hate crime" includes, but is not limited to, a violation of
Section 422.6.

422.56.  For purposes of this title, the following definitions shall
apply:
   (a) "Association with a person or group with these actual or
perceived characteristics" includes advocacy for, identification
with, or being on the ground owned or rented by, or adjacent to, any
of the following: a community center, educational facility, family,
individual, office, meeting hall, place of worship, private
institution, public agency, library, or other entity, group, or
person that has, or is identified with people who have, one or more
of those characteristics listed in the definition of "hate crime"
under paragraphs 1 to 6, inclusive, of subdivision (a) of Section
422.55.
   (b) "Disability" includes mental disability and physical
disability as defined in Section 12926 of the Government Code.
   (c) "Gender" means sex, and includes a person's gender identity
and gender related appearance and behavior whether or not
stereotypically associated with the person's assigned sex at birth.
   (d) "In whole or in part because of" means that the bias
motivation must be a cause in fact of the offense, whether or not
other causes also exist. When multiple concurrent motives exist, the
prohibited bias must be a substantial factor in bringing about the
particular result. There is no requirement that the bias be a main
factor, or that the crime would not have been committed but for the
actual or perceived characteristic. This subdivision does not
constitute a change in, but is declaratory of, existing law under In
re M.S.(1995) 10 Cal. 4th 698 and People v. Superior Court (Aishman)
(1995) 10 Cal. 4th 735.
   (e) "Nationality" includes citizenship, country of origin, and
national origin.
   (f) "Race or ethnicity" includes ancestry, color, and ethnic
background.
   (g) "Religion" includes all aspects of religious belief,
observance, and practice and includes agnosticism and atheism.
   (h) "Sexual orientation" means heterosexuality, homosexuality, or
bisexuality.
   (i) "Victim" includes, but is not limited to, a community center,
educational facility, entity, family, group, individual, office,
meeting hall, person, place of worship, private institution, public
agency, library, or other victim or intended victim of the offense.

422.57.  For purposes this code, unless an explicit provision of law
or the context clearly requires a different meaning, "gender" has
the same meaning as in Section 422.56.


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