City of Ithaca, NY Bias-Motivated Crimes

The Common Council of the City of Ithaca is concerned about violent and intimidating actions based upon bias, prejudice and hatred which are prevalent in our society and have been recognized as a serious problem in the City of Ithaca and the State of New York. Violent and intimidating actions which are intended to hurt or intimidate individuals based upon age, creed, color, disability, domestic violence victim status, ethnicity, familial status, gender, gender identity or expression, height, immigration or citizenship status, marital status, military status, national origin, predisposing genetic characteristics, race, religion, sex, sexual orientation, socioeconomic status, or weight send out a powerful message of intolerance not only to the victims of those acts but also to the members of groups to which the victims belong.

[Amended 1-4-2017 by L.L. No. 2017-01]

New criminal laws are necessary to provide clear recognition of the seriousness of bias-related crimes and the importance of preventing their recurrence within the City of Ithaca.

§ 215-30 Definitions.

Whenever used in this article, the following terms are defined as follows:

DISABILITY

Physical, mental or medical impairment resulting from anatomical, physiological or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques; or

A record of such an impairment; or

A condition regarded by others as such an impairment.

GENDER IDENTITY OR EXPRESSION

When one's perception of self is different from their assigned sex at birth. External appearance of one's gender identity, usually expressed through behavior, clothing, haircut or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine.

[Amended 1-4-2017 by L.L. No. 2017-01]

GRAFFITI

Any inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to the surface of public or private property with intent to damage such property.

IMMIGRATION OR CITIZENSHIP STATUS

The citizenship of any person; or

The immigration status of any person who is not a citizen or national of the United States.

SEXUAL ORIENTATION

Heterosexual, homosexual or bisexual.

§ 215-31 Bias-motivated harassment.

A person commits the crime of bias-motivated harassment when:

(1)

He or she intentionally strikes, shoves, kicks or otherwise subjects another person to physical contact, or attempts or threatens to do the same; and

(2)

He or she intentionally selects the person or group of people against whom the act under Subsection A(1) is committed because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such other person or group of people; or

[Amended 1-4-2017 by L.L. No. 2017-01]

(3)

He or she intentionally selects the person or group of people against whom the act under Subsection A(1) is committed because of the actual or perceived association of such person or group of people with a person or group of people who are in or are perceived to be in a category listed in Subsection A(2) above.

Any person who shall violate this section shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment not exceeding one year, or both.

§ 215-32 Bias-motivated intentional criminal mischief.

A person commits the crime of bias-motivated intentional criminal mischief when, having no right to do so nor any reasonable ground to believe that he or she has such right:

(1)

He or she intentionally damages property of another person; and

(2)

He or she intentionally selects the person or group of people against whom the act under Subsection A(1) is committed or selects the property damaged or otherwise affected by the act under Subsection A(1) because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such other person or group of people or the owner or occupant of that property; or

[Amended 1-4-2017 by L.L. No. 2017-01]

(3)

He or she intentionally selects the person or group of people against whom the act under Subsection A(1) is committed or selects the property damaged or otherwise affected by the act under Subsection A(1) because of the actual or perceived association of such person or group of people or the owner or occupant of that property with a person or group of people who are in or are perceived to be in a category listed in Subsection A(2) above.

Any person who shall violate this section shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment not exceeding one year, or both.

§ 215-33 Bias-motivated reckless criminal mischief.

A person commits the crime of bias-motivated reckless criminal mischief when, having no right to do so nor any reasonable ground to believe that he or she has such right:

(1)

He or she recklessly damages property of another person; and

(2)

[Amended 1-4-2017 by L.L. No. 2017-01]

(3)

He or she intentionally selects the person or group of people against whom the act under Subsection A(1) is committed or selects the property damaged or otherwise affected by the act under Subsection A(1) because of the actual or perceived association of such person or group of people or the owner or occupant of that property with a person or group of people who are in or are perceived to be in a category listed in Subsection A(2) above.

Any person who shall violate this section shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment not exceeding one year, or both.

§ 215-34 Bias-related graffiti-making.

A person commits the crime of bias-motivated graffiti-making when, without the express permission of the owner or operator of said property:

(1)

He or she makes graffiti on public or private property; and

(2)

[Amended 1-4-2017 by L.L. No. 2017-01]

(3)

He or she intentionally selects the person or group of people against whom the act under Subsection A(1) is committed or selects the property damaged or otherwise affected by the act under Subsection A(1) because of the actual or perceived association of such person or group of people or the owner or occupant of that property with a person or group of people who are in or are perceived to be in a category listed in Subsection A(2) above.

Any person who shall violate this section shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment not exceeding one year, or both.

§ 215-35 Validity.

The invalidity of any provision of this article shall not affect the validity of any other provision which can be given effect without such invalid provision.

§ 215-36 When effective.

This law will take effect immediately upon filing with the Secretary of State of the State of New York.