(6) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Definitions
(7) In this section:
advocate means counsel, promote, encourage or urge.
80.2BA Threatening force or violence against groups
Offences
(1) A person commits an offence if:
(a) the person threatens to use force or violence against a group (the targeted group); and
(b) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
(c) a reasonable member of the targeted group would fear that the threat will be carried out; and
(d) the threat, if carried out, would threaten the peace, order and good government of the Commonwealth.
Note 1: For intention, see section 5.2.
Note 2: A person might commit an aggravated offence if the person is a religious official or spiritual leader etc. (see section 80.2DA).
Penalty: Imprisonment for 10 years.
(2) A person commits an offence if:
(a) the person threatens to use force or violence against a group (the targeted group); and
(b) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
(c) a reasonable member of the targeted group would fear that the threat will be carried out.
Note 1: For intention, see section 5.2.
Note 2: A person might commit an aggravated offence if the person is a religious official or spiritual leader etc. (see section 80.2DA).
Penalty: Imprisonment for 7 years.
(3) The fault element for paragraphs (1)(b) and (2)(b) is recklessness.
Note: For recklessness, see section 5.4.
(4) Strict liability applies to paragraphs (1)(c) and (2)(c).
(5) For the purposes of paragraphs (1)(b) and (2)(b), the person may have in mind a combination of attributes mentioned in those paragraphs.
Alternative verdict
(6) Subsection (7) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a) is not satisfied that the defendant is guilty of the offence; but
(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).
(7) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Definitions
(8) In this section:
fear includes apprehension.
80.2BB Threatening force or violence against members of groups or close associates
Offences
(1) A person (the first person) commits an offence if:
(a) the first person threatens to use force or violence against a person (the targeted person); and
(b) the first person does so because of the first person’s belief that the targeted person is:
(i) a member of a group (the targeted group); or
(ii) a close associate of a member of a group (the targeted group); and
(c) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
(d) a reasonable member of the targeted group would fear that the threat will be carried out; and
(e) the threat, if carried out, would threaten the peace, order and good government of the Commonwealth.
Note 1: For intention, see section 5.2.
Note 2: A person might commit an aggravated offence if the person is a religious official or spiritual leader etc. (see section 80.2DA).
Penalty: Imprisonment for 10 years.
(2) A person (the first person) commits an offence if:
(a) the first person threatens to use force or violence against a person (the targeted person); and
(b) the first person does so because of the first person’s belief that the targeted person is:
(i) a member of a group (the targeted group); or
(ii) a close associate of a member of a group (the targeted group); and
(c) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
(d) a reasonable member of the targeted group would fear that the threat will be carried out.
Note 1: For intention, see section 5.2.
Note 2: A person might commit an aggravated offence if the person is a religious official or spiritual leader etc. (see section 80.2DA).
Penalty: Imprisonment for 7 years.
(3) For the purposes of paragraphs (1)(b) and (2)(b), it is immaterial whether the targeted person:
(a) actually is a member of the targeted group; or
(b) actually is a close associate of a member of the targeted group.
(4) The fault element for paragraphs (1)(c) and (2)(c) is recklessness.
Note: For recklessness, see section 5.4.
(5) Strict liability applies to paragraphs (1)(d) and (2)(d).
(6) For the purposes of paragraphs (1)(c) and (2)(c), the person may have in mind a combination of attributes mentioned in those paragraphs.
Alternative verdict
(7) Subsection (8) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a) is not satisfied that the defendant is guilty of the offence; but
(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).
(8) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Definitions
(9) In this section:
fear includes apprehension.
80.2BC Advocating damage to or destruction of real property or motor vehicle
Offences
(1) A person (the first person) commits an offence if:
(a) the first person advocates the causing of damage to, or the destruction of, real property or a motor vehicle; and
(b) the first person does so because of the first person’s belief that:
(i) the real property is a place of worship of a group (the targeted group); or
(ii) the real property is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
(iii) the motor vehicle is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
(iv) the real property is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); or
(v) the motor vehicle is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); and
(c) the first person is reckless as to whether the damage or destruction will occur; and
(d) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
(e) the damage or destruction, if it were to occur, would threaten the peace, order and good government of the Commonwealth.
Note 1: For intention, see section 5.2. For recklessness, see section 5.4.
Note 2: A person might commit an aggravated offence if the person is a religious official or other spiritual leader etc. (see section 80.2DA) or the recipient of the advocacy is less than 18 years old (see section 80.2DB).
Penalty: Imprisonment for 10 years.
(2) A person (the first person) commits an offence if:
(a) the first person advocates the causing of damage to, or the destruction of, real property or a motor vehicle; and
(b) the first person does so because of the first person’s belief that:
(i) the real property is a place of worship of a group (the targeted group); or
(ii) the real property is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
(iii) the motor vehicle is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
(iv) the real property is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); or
(v) the motor vehicle is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); and
(c) the first person is reckless as to whether the damage or destruction will occur; and
(d) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.
Note 1: For intention, see section 5.2. For recklessness, see section 5.4.
Note 2: A person might commit an aggravated offence if the person is a religious official or other spiritual leader etc. (see section 80.2DA) or the recipient of the advocacy is less than 18 years old (see section 80.2DB).
Penalty: Imprisonment for 7 years.
(3) For the purposes of paragraphs (1)(b) and (2)(b), it is immaterial whether:
(a) the real property actually is a place of worship of the targeted group; or
(b) the real property actually is owned, or occupied, in whole or in part, by one or more members of the targeted group; or
(c) the motor vehicle actually is owned, or occupied, in whole or in part, by one or more members of the targeted group; or
(d) the real property actually is owned, or occupied, in whole or in part, by a close associate of one or more members of the targeted group; or
(e) the motor vehicle actually is owned, or occupied, in whole or in part, by a close associate of one or more members of the targeted group.
(4) The fault element for paragraphs (1)(d) and (2)(d) is recklessness.
Note: For recklessness, see section 5.4.
(5) For the purposes of paragraphs (1)(d) and (2)(d), the person may have in mind a combination of attributes mentioned in those paragraphs.
Alternative verdict
(6) Subsection (7) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a) is not satisfied that the defendant is guilty of the offence; but
(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).
(7) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Definitions
(8) In this section:
advocate means counsel, promote, encourage or urge.
80.2BD Threatening damage to or destruction of real property or motor vehicle
Offences
(1) A person (the first person) commits an offence if:
(a) the first person threatens to cause damage to, or the destruction of, real property or a motor vehicle; and
(b) the first person does so because of the first person’s belief that:
(i) the real property is a place of worship of a group (the targeted group); or
(ii) the real property is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
(iii) the motor vehicle is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
(iv) the real property is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); or
(v) the motor vehicle is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); and
(c) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
(d) a reasonable member of the targeted group would fear that the threat will be carried out; and
(e) the threat, if carried out, would threaten the peace, order and good government of the Commonwealth.
Note 1: For intention, see section 5.2.
Note 2: A person might commit an aggravated offence if the person is a religious official or spiritual leader etc. (see section 80.2DA).
Penalty: Imprisonment for 10 years.
(2) A person (the first person) commits an offence if:
(a) the first person threatens to cause damage to, or the destruction of, real property or a motor vehicle; and
(b) the first person does so because of the first person’s belief that:
(i) the real property is a place of worship of a group (the targeted group); or
(ii) the real property is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
(iii) the motor vehicle is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
(iv) the real property is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); or
(v) the motor vehicle is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); and
(c) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
(d) a reasonable member of the targeted group would fear that the threat will be carried out.
Note 1: For intention, see section 5.2.
Note 2: A person might commit an aggravated offence if the person is a religious official or spiritual leader etc. (see section 80.2DA).
Penalty: Imprisonment for 7 years.
(3) For the purposes of paragraphs (1)(b) and (2)(b), it is immaterial whether:
(a) the real property actually is a place of worship of the targeted group; or
(b) the real property actually is owned, or occupied, in whole or in part, by one or more members of the targeted group; or
(c) the motor vehicle actually is owned, or occupied, in whole or in part, by one or more members of the targeted group; or
(d) the real property actually is owned, or occupied, in whole or in part, by a close associate of one or more members of the targeted group; or
(e) the motor vehicle actually is owned, or occupied, in whole or in part, by a close associate of one or more members of the targeted group.
(4) The fault element for paragraphs (1)(c) and (2)(c) is recklessness.
Note: For recklessness, see section 5.4.
(5) Strict liability applies to paragraphs (1)(d) and (2)(d).
(6) For the purposes of paragraphs (1)(c) and (2)(c), the person may have in mind a combination of attributes mentioned in those paragraphs.
Alternative verdict
(7) Subsection (8) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a) is not satisfied that the defendant is guilty of the offence; but
(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).
(8) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Definitions
(9) In this section:
fear includes apprehension.
80.2BE Advocating force or violence through causing damage to property
Offences
(1) A person (the first person) commits an offence if:
(a) the first person intentionally advocates for another person, or a group, to use force or violence against a group (the targeted group); and
(b) the first person does so by causing damage to property; and
(c) the first person does so reckless as to whether the force or violence will occur; and
(d) the targeted group is distinguished by race, religion, or national or ethnic origin; and
(e) the use of force or violence would threaten the peace, order and good government of the Commonwealth.
Note 1: For intention, see section 5.2. For recklessness, see section 5.4.
Note 2: A person might commit an aggravated offence if the person is a religious official or other spiritual leader etc. (see section 80.2DA) or the recipient of the advocacy is less than 18 years old (see section 80.2DB).
Penalty: Imprisonment for 10 years.
(2) A person (the first person) commits an offence if:
(a) the first person intentionally advocates for another person, or a group, to use force or violence against a group (the targeted group); and
(b) the first person does so by causing damage to property; and
(c) the first person does so reckless as to whether the force or violence will occur; and
(d) the targeted group is distinguished by race, religion, or national or ethnic origin.
Note 1: For intention, see section 5.2. For recklessness, see section 5.4.
Note 2: A person might commit an aggravated offence if the person is a religious official or other spiritual leader etc. (see section 80.2DA) or the recipient of the advocacy is less than 18 years old (see section 80.2DB).
Penalty: Imprisonment for 7 years.
(3) The fault element for paragraphs (1)(d) and (2)(d) is recklessness.
Note: For recklessness, see section 5.4.
(4) For the purposes of paragraphs (1)(d) and (2)(d), the person may have in mind a combination of attributes mentioned in those paragraphs.
Alternative verdict
(5) Subsection (6) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a) is not satisfied that the defendant is guilty of the offence; but
(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).
(6) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.