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What is the result if a misdemeanor of the second degree evidences prejudice based on the race of the victim?
What is the result if a misdemeanor of the second degree evidences prejudice based on the race of the victim?
What is the minimum age of the victim to be considered 'advanced age' under this statute?
What is the minimum age of the victim to be considered 'advanced age' under this statute?
What is one of the ways a person can be considered homeless under this statute?
What is one of the ways a person can be considered homeless under this statute?
What is an essential element of this section that must be reflected in the record?
What is an essential element of this section that must be reflected in the record?
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What is the result if a felony of the second degree evidences prejudice based on the religion of the victim?
What is the result if a felony of the second degree evidences prejudice based on the religion of the victim?
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What is the remedy available to a person or organization that is coerced, intimidated, or threatened in violation of this section?
What is the remedy available to a person or organization that is coerced, intimidated, or threatened in violation of this section?
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What is required to be shown by clear and convincing evidence in a civil action under this section?
What is required to be shown by clear and convincing evidence in a civil action under this section?
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What is the result if a felony of the first degree evidences prejudice based on the national origin of the victim?
What is the result if a felony of the first degree evidences prejudice based on the national origin of the victim?
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If a crime evidences prejudice based on the ethnicity of the victim, what happens to the penalty for the crime?
If a crime evidences prejudice based on the ethnicity of the victim, what happens to the penalty for the crime?
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What is the term for a victim who lacks a fixed, regular, and adequate nighttime residence?
What is the term for a victim who lacks a fixed, regular, and adequate nighttime residence?
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What is the result if a misdemeanor of the first degree evidences prejudice based on the religion of the victim?
What is the result if a misdemeanor of the first degree evidences prejudice based on the religion of the victim?
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What must be reflected in the record according to this section?
What must be reflected in the record according to this section?
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What is available to a person or organization that is coerced, intimidated, or threatened in violation of this section?
What is available to a person or organization that is coerced, intimidated, or threatened in violation of this section?
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What is not a characteristic protected under this section?
What is not a characteristic protected under this section?
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What happens to the penalty for a felony of the third degree if it evidences prejudice based on the color of the victim?
What happens to the penalty for a felony of the third degree if it evidences prejudice based on the color of the victim?
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What is the requirement for a civil action under this section?
What is the requirement for a civil action under this section?
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Study Notes
Evidencing Prejudice while Committing an Offense
- The penalty for any felony or misdemeanor can be reclassified if the commission of the crime shows prejudice based on certain characteristics of the victim.
- These characteristics include: race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age (over 65 years old).
Reclassification of Penalties
- A misdemeanor of the second degree becomes a misdemeanor of the first degree.
- A misdemeanor of the first degree becomes a felony of the third degree.
- A felony of the third degree becomes a felony of the second degree.
- A felony of the second degree becomes a felony of the first degree.
- A felony of the first degree becomes a life felony.
Definitions
- "Advanced age" means the victim is over 65 years old.
- "Homeless status" means the victim:
- Lacks a fixed, regular, and adequate nighttime residence.
- Has a primary nighttime residence that is a shelter or a public/private place not designed for regular sleeping.
Civil Cause of Action
- A person or organization that is coerced, intimidated, or threatened in violation of this section can take civil action for treble damages, an injunction, or other appropriate relief.
- The plaintiff can recover reasonable attorney fees and costs upon prevailing in the civil action.
Essential Element
- The record must reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim belonged to one of the protected classes.
Evidencing Prejudice while Committing an Offense
- The penalty for any felony or misdemeanor can be reclassified if the commission of the crime shows prejudice based on certain characteristics of the victim.
- These characteristics include: race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age (over 65 years old).
Reclassification of Penalties
- A misdemeanor of the second degree becomes a misdemeanor of the first degree.
- A misdemeanor of the first degree becomes a felony of the third degree.
- A felony of the third degree becomes a felony of the second degree.
- A felony of the second degree becomes a felony of the first degree.
- A felony of the first degree becomes a life felony.
Definitions
- "Advanced age" means the victim is over 65 years old.
- "Homeless status" means the victim:
- Lacks a fixed, regular, and adequate nighttime residence.
- Has a primary nighttime residence that is a shelter or a public/private place not designed for regular sleeping.
Civil Cause of Action
- A person or organization that is coerced, intimidated, or threatened in violation of this section can take civil action for treble damages, an injunction, or other appropriate relief.
- The plaintiff can recover reasonable attorney fees and costs upon prevailing in the civil action.
Essential Element
- The record must reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim belonged to one of the protected classes.
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Description
Learn about the penalties for committing offenses with prejudice based on certain characteristics of the victim, including race, religion, and sexual orientation, and how they can be reclassified.
