California · Penal Code

PEN §422.7: Except in the case of a person punished under Section 422.

Misdemeanor

What this law says, in plain English

Hate crimes not punishable by state prison imprisonment are punishable by up to one year county jail, a fine up to $10,000, or both, when committed to intimidate or interfere with another's constitutional or legal rights under specified circumstances.

Read the full statutory text

Except in the case of a person punished under Section 422.6, any hate crime that is not made punishable by imprisonment in the state prison shall be punishable by imprisonment in a county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine, if the crime is committed against the person or property of another for the purpose of intimidating or interfering with that other person’s free exercise or enjoyment of any right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States under any of the following circumstances, which shall be charged in the accusatory pleading: (a) The crime against the person of another either includes the present ability to commit a violent injury or causes actual physical injury. (b) The crime against property causes damage in excess of nine hundred fifty dollars ($950). (c) The person charged with a crime under this section has been convicted previously of a violation of subdivision (a) or (b) of Section 422.6, or has been convicted previously of a conspiracy to commit a crime described in subdivision (a) or (b) of Section 422.6.

Verify at the official source: California legislative text

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