2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 27 - Assault
2710 - Ethnic intimidation.

     § 2710.  Ethnic intimidation.
        (a)  Offense defined.--A person commits the offense of ethnic
     intimidation if, with malicious intention toward the race,
     color, religion or national origin 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) 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 race, color,
     religion or national origin of another individual or group of
     individuals.
     (June 18, 1982, P.L.537, No.154, eff. imd.; Dec. 3, 2002,
     P.L.1176, No.143, eff. imd.; Dec. 9, 2002, P.L.1759, No.218,
     eff. 60 days)

        2008 Effectuation of Declaration of Unconstitutionality.  The
     Legislative Reference Bureau effectuated the 2008
     unconstitutionality.
        2008 Unconstitutionality.  Act 143 of 2002 was declared
     unconstitutional. Marcavage v. Rendell, 936 A.2d 188 (Pa.
     Commonwealth 2007).
        2002 Amendments.  Act 143 amended the entire section and Act
     218 amended subsec. (a). Act 218 overlooked the amendment by Act
     143, but the amendments do not conflict in substance and both
     have been given effect in setting forth the text of subsec. (a).
        1982 Amendment.  See section 2 of Act 154 of 1982 in the
     appendix to this title for special provisions relating to right
     of action for injunction, damages or other relief.
        Effective Date.  After December 2, 2002, and before February
     7, 2003, section 2710 will reflect only the amendment by Act
     143, as follows:
        § 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, 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.
        Cross References.  Section 2710 is referred to in section
     8309 of Title 42 (Judiciary and Judicial Procedure).

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